Barton et al or Fischhoff et al v. Adang et al. - Page 147




          Interference 103,781                                                        
          Dr. Adang found that Bt DNA contained the ATTTA sequences Shaw              
          found problematic to transcription (AR 0372-0374).  Adang                   
          especially relies (AB 50, Fact 125) on a memorandum he drafted to           
          Dr. Murray on September 20, 1986 (AR 0372-0374; AX 34C).  The               
          handwritten memorandum, dated “9/20/86" and initialed “MJA”                 
          reads, in part (AX 34C):                                                    
               Liz,                                                                   
                    Here are the searches of 4 bt genes for ATTTA in the              
                    coding sense direction.  It seems that one needs to               
                    search plant 3' untranslated regions for AU sequences             
                    to get a feeling for their role in plant mRNA                     
                    stability.                                                        
                                                                                     
                    As you can see all 4 genes have AUUUA sequences in the            
                    central 1/3 of the gene.                                          
                                                                                     
                    It is interesting that cycloheximide increased RNA to             
                    normal levels.  Can we do this w/ Bt constructs in                
                    protoplasts? . . . .                                              
               We fail to see how Shaw’s disclosure remedies the defects in           
          Adang’s case.  The evidence of record shows that Adang did not              
          understand and could not explain why Bt gene sequences in plants            
          were not being efficiently expressed in plants.  The record shows           
          that there are significant differences between genetic sequences,           
          codon usage, etc. in Bacillus thuringiensis and plants, not to              
          mention the differences among various plants themselves.  These             
          differences may be the cause of the problems Adang aimed to                 
          solve.  Regardless of how impressed or excited Drs. Adang and               
          Murray were by the teaching of Shaw’s publication prior to                  
                                        -147-                                         





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