Interference 103,781
(AR 0107-0108; AR 0111-0112; AR 6884-6886; AR 4155-4157).
Neither Dr. Adang nor Dr. Murray were reasonably certain that
mechanisms related to polyadenylation signals and ATTTA sequences
caused the premature termination of transcription and inefficient
expression of native Bt genes encoding insecticidal protein in
plants. Dr. Murray continued to search for other causes because
she “thought the shorter RNA’s might have occurred due to some
other mechanism besides polyadenylation . . . a completely new
mechanism” (AR 4157). “Each of those experiments were for the
purpose of identifying the gene part, region that needed or would
benefit from fixing most . . . .” (AR 0111-0112; AR 6884-6886).
Dr. Murray testified that, after December 12, 1986, her deletion
analysis experiments continued because she “also thought it might
be [that] the coding region of the [Bt] gene was not going to be
translated very well by the plant genes” (AR 4157). The
preponderance of the evidence of record leads to the conclusion
that Adang did not exercise reasonable diligence toward reduction
to practice of the invention defined by Claim 3 of Fischhoff’s
involved application corresponding to Count 2 for the period
beginning just prior to December 12, 1986, until the September 9,
1988, benefit filing date of the grandparent application of
Adang’s involved patent.
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