Barton et al or Fischhoff et al v. Adang et al. - Page 124




          Interference 103,781                                                        

               of transcription.  And we knew how to fix it, through                  
               mutagenesis or building up stretches of the whole gene.                
               Q.  Do you believe that you have any documents that show               
               that you and Dr. Murray did come up with this idea in                  
               November of 1985?                                                      
               A.  I think all those documents collectively that I just               
               mentioned, the RNA analysis, the computer searches,                    
               the AT-richness, the UCLA abstract, they all support,                  
               corroborate this invention of Dr. Murray’s and mine.                   
               In that vein, Dr. Adang’s subsequent testimony is most                 
          informative.  When asked how he proceeded after he and Dr. Murray           
          “had conceived of the idea in November of 1985" (AR 4614,                   
          p. 1729, l. 21-23), Drs. Adang and Murray testified that they               
          were sidetracked in their endeavor to reduce that idea to                   
          practice (AR 4614, p. 1729, l. 24, to p. 1730, l. 9):                       
               A.   Well, we discussed how to approach this problem, how              
               to go about fixing the Bt gene by replacing these AT-rich              
               codons with plant-preferred codons.                                    
                    We thought that the quickest way to change the Bt gene            
               so it was highly expressed was to go into the gene and to              
               find those stretches of the Bt gene that were causing the              
               greatest problems for this - greatest problems causing lower           
               expression.  So we designed a series of experiments to try             
               to identify the worst regions of the Bt gene, that we could            
               then go back and fix, putting in plant preferred codons.               
                              (iii)  Findings                                         
               Having considered the totality of the evidence before us, we           
          find that prior to December 12, 1986:                                       
               (1)  Adang suspected some kind of premature termination of             
               transcription because Dr. Murray’s record of analysis of               

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