Barton et al or Fischhoff et al v. Adang et al. - Page 127




          Interference 103,781                                                        

               (13) Drs. Adang and Murray decided to approach the problem             
               of poor expression of Bt genes in plants by first “looking             
               for a specific region of the gene to modify” (AR 4155).                
               (14) Drs. Adang and Murray “agreed that the way to modify              
               . . . [the Bt gene] was to change the codon usage and                  
               balance the ratio of AT to GC, to being more like that of              
               a plant, and to retain the amino acid sequence of the Bt               
               gene and change it to the codons preferred by the plant”               
               (AR 4155).                                                             
               Having considered the totality of the evidence before us, we           
          find that, after December 12, 1986:                                         
               (15) Dr. Murray started to look for the region or regions              
               that caused RNA instability.  Specifically, she “set about             
               doing a set of experiments to try and identify exactly what            
               sequences were at the end of the short RNA’s” found in                 
               plants transformed by native Bt genes encoding toxin in                
               November 1985 (nuclease protection experiments)(AR 4155;               
               AR 6886) and “worked on them intermittently, doing other               
               experiments along the way, through August of 1987.                     
               And . . . [she] still continued to try and complete some               
               experiments after August 1987 until January 1988" (AR 4156).           
               (16) From October ‘86 until January or February or March               
               1988, Dr. Murray continued to work on a “new technique”                

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