Barton et al or Fischhoff et al v. Adang et al. - Page 148




          Interference 103,781                                                        
          December 12, 1986, the fact is that Shaw dealt with the stability           
          of mRNAs of certain lymphokines, cytokines, and protooncogenes in           
          animals (AX 121L, Shaw’s Summary).  We find little, if any,                 
          difference in the certainty with which Adang explained the                  
          evidence of premature termination of transcription and                      
          inefficient expression of Bt DNA sequences encoding insecticidal            
          protein in plants and planned future experimentation before and             
          after Drs. Adang and Murray were “impressed” and “excited” by               
          Shaw’s disclosure.                                                          
               Adang alleges (AB 50, Facts 123-125), and the evidence                 
          appears to show, that Dr. Adang searched for and found ATTTA                
          sequences in Bt genes prior to December 12, 1986 (AR 6878-6879,             
          para. 9; AX 106I; AR 0371-0374; AX 34C).  Nevertheless, the same            
          evidence shows that Adang’s efforts to identify any and all                 
          possible RNA destabilizing sequences continued through December             
          of 1987.  Dr Adang declared (AR 6878-6879, para 9; citations                
          omitted (see AX 106I for computer searches from March 1986 though           
          December 1987)):                                                            
                    From March of 1986 through December of 1987, I                    
               performed sequence analyses of Bt genes to identify RNA                
               destabilizing sequences which would need to be reduced                 
               and/or eliminated to enable increased Bt gene expression.              
               In addition, I continued sequence analysis and comparisons             
               of the Bt genes.  Other sequence analyses to locate RNA                
               destabilizing sequences in Bt genes were performed by other            
               Agrigenetics scientists.  These efforts are reflected in the           
               following computer searches: . . . .                                   

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