Barton et al or Fischhoff et al v. Adang et al. - Page 154




          Interference 103,781                                                        
          insecticidal protein in plants.  Within the period extending from           
          December 12, 1986, through the summer of 1988, Drs. Adang and               
          Murray performed a series of experiments, tests, computer                   
          searches, and analyzes to determine with as reasonable degree of            
          certainty which of the suspect causes, i.e., potential solutions,           
          was most likely to bring success.  Adang has not directed our               
          attention to any evidence of record, and we have not found any              
          evidence of record, that indicates that before December 12, 1986,           
          Dr. Adang or Dr. Murray had selected ATTTA as a likely cause -              
          let alone as the probable cause - of the RNA instability problem.           
          Rather, it was merely one of many potential causes.  It was only            
          the collective gathering of evidence by Drs. Adang and Murray               
          throughout 1987 and 1988 that enabled them to identify with                 
          confidence a cause of the problems they had experienced                     
          expressing Bt genes in plants and a way and means most likely to            
          eliminate their problems.  Compare the earlier potential solution           
          to the later confidence with which Dr. Adang identified ATTTA as            
          a mRNA destabilizing sequence and proposed its elimination from             
          Bt genes in 1988:                                                           
               The Btt sequence was scanned for sequences such as AATAAA              
               and ATTTA that should be eliminated. [(AR 0376);]                      
                    Q.  On or about April 12th of 1988 was it your view               
               that the ATTTA sequence should be eliminated from the native           
               Bt gene as stated on this page?                                        
                                      . . . . .                                       
                                        -154-                                         





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