Barton et al or Fischhoff et al v. Adang et al. - Page 138




          Interference 103,781                                                        
               What evidence does Adang cite to the contrary?  Adang argues           
          that the evidence shows that Drs. Adang and Murray conceived of             
          the invention defined by Claim 3 of Fischhoff’s involved                    
          application no later than September 20, 1986.                               
               Adang argues that “Dr. Murray believed that polyadenylation            
          signals were involved with the low Bt expression . . . AR2467:              
          22-2468:22)” prior to December 12, 1986 (AB 49, Fact 115).  To              
          the contrary, Dr. Murray testified in the Southern California               
          infringement case as follows (AR 2467, l. 1, to AR 2471, l. 8)              
          (emphasis added):                                                           
                    Q.  In 1985, Dr. Murray, you didn’t know that just by             
               changing - just by removing a plant consensus splice site              
               that you would get higher expression of the Bt gene in                 
               plants, did you?                                                       
                    A.  I thought it was possible that that would result in           
               higher expression, but I did not know it.                              
                    Q.  In fact, there were many things that you thought              
               that would - were the source of the problem for expression             
               of the Bt gene in plants at that time; isn’t that correct?             
                    A.  That is correct.                                              
                    Q.  And in continuing into 1986, you still thought that           
               there were many, many sources of the problem for expression            
               of Bt in plants; isn’t that right?                                     
                    A.  Many potential sources.                                       
                    Q.  And as between those potential sources, you didn’t            
               know which one was prohibiting expression of Bt in plant,              
               did you?                                                               
                    A.  That’s correct.                                               

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