Barton et al or Fischhoff et al v. Adang et al. - Page 150




          Interference 103,781                                                        
                    Q.  Is this the first time that you had done a search             
               for ATTTA sequences in the native Bt gene, as best you                 
               recall?                                                                
                    A.  Referring to September 20th, 1986?                            
                    Q.  Or thereabouts.                                               
                    A.  Yes.                                                          
          A comparison of Dr. Adang’s testimony regarding his laboratory              
          notebook entries dated April of 1988, indicates that Dr. Adang              
          had required and did acquire much more confidence and certainty             
          than he had in 1986 that elimination of ATTTA sequences from Bt             
          genes would solve inefficient expression problems associated with           
          expressing the Bt genes in plants (AR 0375-0378)(emphasis added):           
                    Q.  And can you just thumb through the pages quickly              
               and confirm for me that for the most part the entries in               
               this notebook appear to have been made in 1988?                        
                                      . . . . .                                       
                    A.  But I think for the most part it looks like it’s              
               for that period of 1988.                                               
                    Q. . . . Were the entries in this laboratory notebook             
               made by employees of Agrigenetics, Inc., in the course of              
               their employment at the company?                                       
                    A.  Yes.                                                          
                    Q.  Would you refer, please, to laboratory notebook               
               page 11, which bears production number MC207642?                       
                    A.  Yes, I see it.                                                





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