Interference 103,781
mechanism besides polyadenylation[, i.e.,] . . . a
completely new mechanism” (AR 4157).
(21) Dr. Murray performed deletion analysis experiments
because she “also thought it might be the coding region of
the [Bt] gene was not going to be translated very well by
the plant gene” (AR 4157).
(22) Dr. Murray continued to compile Bt and plant genes and
construct her own codon usage tables for a more complete
representation of plant genes into the summer of 1987
(AR 0094-0095; AR 0107-0108; AR 0128; AR 4158).
(23) Dr. Murray worked to obtain gene sequences for
generating and compiling codon usage tables into June of
1988 (AR 6887-6888).
(iv) Conclusions
“Where a party is first to conceive but second to reduce to
practice, that party must demonstrate reasonable diligence toward
reduction to practice from a date just prior to the other party’s
conception to its reduction to practice.” Mahurkar v. C.R. Bard,
Inc. 79 F.3d 1572, 1578, 38 USPQ2d 1288, 1291 (Fed. Cir. 1996).
“Priority of invention . . . belongs to the first party to reduce
the invention to practice unless the other party can establish
that it was first to conceive the invention and that it exercised
reasonable diligence in later reducing the invention to
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