30 



12. 7 CFR 34.4(b) . 



13. DNA Plant Technology did provide a copy of a Phytosanitary 

 Certificate. This document, which certifies that exported 

 plants or seeds conform with phytosanitary regulations of 

 the importing country, was issued to DNA Plant Technology by 

 U.S. Department of Agriculture, Plant Protection and 

 Quarantine, to facilitate importation of 20 grams of tobacco 

 pollen into Brazil. March 20, 1990. 



14. U.S. patent no. 761,312, filed September 17, 1991. 



15. Plant Variety Protection Certificate Application, PV No. 

 9100119, filed February 21, 1991, U.S. Department of 

 Agriculture. (referenced in U.S. patent no. 761,312, 

 "Filing of Utility Patent Application," at p. 1 - unable to 

 obtain copy of application from USDA) . 



16. U.S. patent no. 761,312, "Rejection of Claims," July lo, 

 1992. 



17. U.S. patent no. 761,312, "Appellant's Brief on Appeal," 

 filed February 28, 1994. 



18. U.S. patent no. 761,312, "Express Abandonment of Patent 

 Application," filed March 16, 1994. 



19. Redacted copies of United States Customs Service Invoices 

 for Brcwn & Williamson, dated September 21, 1992. 



20. For example, ammonia has been used in efforts to de- 

 nicotinize cigarettes (U.S. patent no. 4,215,706) and, in 

 reconstituted tobacco, for its adhesive properties (U.S. 

 patent no. 5,159,942). 



21. Reconstituted tobacco can be made (one of several methods) 

 by mixing tobacco stems, dust, and other scraps, adding a 

 liquid solvent to form a "slurry," and then extracting the 

 liquid and pressing the remaining mixture into a flat sheet. 

 Almost all U.S. cigarettes contain some reconstituted 

 tobacco. (Vogues, E. Tobacco Encyclopedia, published by 

 Tobacco Journal International 1984:389-90.) 



22. Food and Drug Administration, Center for Drug Evaluation and 

 Research, Division of Drug Analysis. Report on analysis of 

 packages of cigarettes. April 4, 1994. 



23. Hertz, A.N. The flavourist's role in the cigarette design 

 team. World Tobacco March 1985:97-104. 



24. Herach, J., Libert, 0., Rogg-Ef front, C. Final Report on 

 Project Hippo I. Batelle Memorial Institute, Geneva, for the 

 British American Tobacco Co. Ltd., January 1962 (released by 

 Brown & Williamson Tobacco Corp., May 16, 1994). 



25. Haselbach, C.H., Libert, O. Final Report on Project Hippo 

 II. Batelle Memorial Institute, Geneva, for the British 

 American Tobacco Co. Ltd., March 1963 (released by Brown & 

 Williamson Tobacco Corp., May 16, 1994), 



26. Geissbuhler, H., Haselbach, C. The Fate of Nicotine in the 

 Body. Batelle Memorial Institute, Geneva, for the British 

 American Tobacco Co. Ltd. , May 1963 (released by Brown & 

 Williamson Tobacco Corp., May 16, 1994). 



