Barton et al or Fischhoff et al v. Adang et al. - Page 153




          Interference 103,781                                                        

                    Q.  One of the sequences listed is the ATTTA sequence,            
               about halfway down in that page; isn’t that true, sir?                 
                    A.  Yes.                                                          
                    Q.  As of April 25th, 1988, is it correct that you                
               considered the ATTTA sequence to be one of the nasties                 
               because it was potentially destabilizing?                              
                                      . . . . .                                       
                    A.  Yes.                                                          
               Dr. Adang’s certainty in April 1988 is in marked contrast              
          to his uncertainty that the ATTTA sequence was destabilizing                
          messenger RNA on September 26, 1986, which we quote again                   
          (AR 0372):                                                                  
               Q.  And the reason you performed the search was                        
               because you believed at the time that the ATTTA sequence               
               was potentially a destabilizing sequence in the Bt gene                
               that interfered with expression of the Bt gene in plants;              
               correct?                                                               
                    A.  Yes.  With, you know, emphasis on the term                    
               “potentially,” yeah.  Yes.                                             
          Relative to his view of the cause of mRNA instability at the end            
          of 1986, Dr. Adang testified (AR 0374)(emphasis added), “As a               
          consequence of my awareness of Shaw Kamen sequences and awareness           
          of the presence in Bt genes, I considered that these sequences              
          may have a destabilizing effect on Bt messenger RNA . . . .”                
          The evidence as a whole shows that Drs. Adang and Murray                    
          identified many other potential causes for premature termination            
          of transcription and inefficient expression of Bt genes encoding            

                                        -153-                                         





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