Interference 103,781
published in March 1986 and describe “multiple polyadenylation
sites in mRNA transcripts of several plants” (AB 49, Fact 119).
Even if we accept the alleged publication date as fact, and
presume that the publication in fact describes “multiple
polyadenylation sites in mRNA transcripts of several plants” as
stated (AB 49, Fact 119), the inventors thereafter testified that
they were not certain that polyadenylation signals were
responsible for the premature termination of transcription and
inefficient expression of native Bt genes encoding insecticidal
protein seen in plants (AR 4156, p. 464, l. 25, - AR 4157,
p. 466, l. 1).
Second, Adang relies on the prior publication of Shaw and
Kamen (hereafter Shaw), “A Conserved AU Sequence from the 3'
Untranslated Region of GM-CSF mRNA Mediates Selective mRNA
Degradation, Cell, Vol. 46, pp. 659-667 (August 29, 1986)(AB 49,
Fact 120). According to Adang (AB 49-50, Facts 121-125), soon
after becoming aware of the publication’s disclosure, Dr. Adang
“was impressed with the effect those sequences had on
destabilizing messenger RNA” (AR 0252, l. 11-19), Dr. Murray was
“very excited about it” (AR 2483, l. 14-18), and Dr. Adang and
colleagues at Agrigenetics began searching Bt gene sequences for
ATTTA sequences (AR 2483, l. 14-18; AR 6878-6879; AX 106I;
AR 0371-0374; AX 34C). Adang argues (AB 50, Fact 124) that
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