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In preparing his expert report, Chen reviewed copies of the
quarterly progress reports Pace, on behalf of U.S. Agri,
submitted to Kellen, as general partner of Utah I, as required by
the original R&D agreement. Although Chen found that the
progress reports contained some general statements about starting
an "experimental procedure", by mid-1986 the progress reports
contained no references to any possible research activities.
Generally, however, Chen concluded that the progress reports
submitted by U.S. Agri were written in the manner of general
farming reports containing information on the progress of Utah
I's jojoba crop. The progress reports contained no discussion of
the different experiments as set forth in the amended research
plan, nor any description of how each plot was progressing
relative to others or a control plot.
The handwritten notes Pace submitted were determined by Chen
to be inadequate for research purposes. They contained no record
of weather conditions or growth measurements of the jojoba
plants. Furthermore, the time intervals between Pace's written
observations were irregular and too far apart for Pace's notes to
be of any scientific value.
Chen also determined that the plant selection portion of the
amended research plan was merely an application of existing
processes and techniques used to cull the best plants and was not
selective breeding. Chen's report stated that U.S. Agri's
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