Barton et al or Fischhoff et al v. Adang et al. - Page 134




          Interference 103,781                                                        

          AR 6884-6886), but also compiling Bt and plant gene data and                
          constructing her own codon usage tables for a complete and                  
          reliable representation of plant genes (AR 0094-0095;                       
          AR 0107-0108; AR 0128; AR 4158; AR 6887-6888).                              
               It appears from the totality of evidence that the reasons              
          Drs. Adang and Murray spent so much time performing experiments             
          related to subject matter “somewhat distinct from codon usage”              
          and continued compiling Bt and plant codon usage data were:                 
               (1) On or about December 12, 1986, Drs. Adang and Murray               
          suspected that the evidentiary basis for their inventive concept            
          was incomplete and unreliable;                                              
               (2) On or about December 12, 1986, Drs. Adang and Murray               
          were not certain of the cause of, or mechanism causing, shorter             
          RNA’s than expected and inefficient production of Bt insecticidal           
          protein in plants transformed by native Bt gene sequences                   
          encoding Bt insecticidal protein (AR 4157);                                 
               (3) On or about December 12, 1986, Drs. Adang and Murray               
          “also thought it might be the coding region of the gene was not             
          going to be translated very well by the plant gene” (AR 4157);              
               (4) On or about December 12, 1986, Drs. Adang and Murray               
          were not confident that their inventive concept (within the scope           
          of Count 2) was in “sufficiently final form that only the                   
          exercise of ordinary skill remained to reduce it to practice.”              

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