Interference 103,781
b) removing ATTTA sequences contained in said
wild-type gene while retaining a sequence which
encodes said protein.
Claim 3 of Fischhoff’s involved application comprises modifying
the structural gene sequence of a native Bt gene encoding
insecticidal protein by both (1) removing polyadenylation signals
from the structural gene sequence while retaining a sequence
encoding insecticidal protein, and (2) removing ATTTA sequences
from the structural gene sequence while retaining a sequence
encoding insecticidal protein.
Initially, we presume that the preponderance of the evidence
before us supports Adang’s allegation that it was first to
conceive the invention defined by Claim 3 of Fischhoff’s involved
application, which alternatively defines the invention of
Count 2. Thus, we proceed to the question of Adang’s reasonable
diligence towards reduction of the invention of Claim 3 to
practice. We fail to see how Adang’s various experiments and
tests designed to determine the cause of premature termination of
transcription and inefficient expression of native Bt genes
encoding insecticidal protein in plants transformed by said
native Bt genes and the region and the regions most responsible
for those problems and most easily fixed show that Adang
exercised reasonable diligence towards reducing the invention
of Claim 3 of Fischhoff’s involved application to practice
-136-
Page: Previous 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Next
Last modified: November 3, 2007