UNITED STATES DISTRICT COURT 
TOR THE 
DISTRICT OF COLUMBIA 
FERDINAND J. MACK, JR. 
Plainti ff 
v. 
JOSEPH A. CALIFANO, JR. 
SECRETARY OF THE DEPARTMENT OF 
HEALTH, EDUCATION, AND WELFARE, 
et al . 
Defendants 
AFFIDAVIT . . „ , . 
I. Bernard Talbot, M.D., Ph.D., being duly sworn, depose and say: 
1. I am the Special Assistant for Intramural Affairs, National 
Institutes of Health, Department of Health, Education, and Welfare, and 
have held this position since June 1975. 
2. The document IMUA-18, which describes the proposed experiments 
which plaintiff seeks to enjoin, says that EK2 host-vector systems will 
be used in these experiments. EK2 host-vector systems are super-safe 
derivatives of £. col i K- 1 2 . 
3. The first two EK2 host-plasmid systems certified by NIH were 
xl776 (pSClOl) and x!776 ( pCRT ) ; these were certified by the Director, 
NIH, as EK2 host-vector systems on December 6. 1976. 
4. Recently submitted by the plaintiff to the court in this case 
is a Supplemental Affidavit of Ruth Hubbard In Support of Motion For 
Preliminary Injunction, dated January 25, 1978. Attached to this is a 
document, entitled "Analysis and Critique of the Curtiss Report on the 
Escherichia Col i Strain Intended for Biological Containment in DNA 
Implantation Research," by Richard Goldstein, Christian Orrego, and Philip 
Youderian, Boston Area Recombinant DNA Group, submitted to the NIH 
Recombinant DNA Molecule Program Advisory Committee^ May 30, 1976 
a 
(hereinafter called the "Boston Area Recombinant DNA Group Critioue"). 
5. The Boston Area Recombinant DNA Group Critique was carefully 
considered by NIH before xi 776 (pSClOl) and xl?76 ( pCRl ) were certified 
by NIH as EK2 host-vector systems. 
6. On December 2, 1976, I wrote a memorandum to Dr. Donald S. 
Fredrickson, Director, NIH, on the subject "EK2 Certification of x^ 776 
) 
) Civil Action No. 77-0916 
fT V? ~ r - 
[Appendix C — 219] 
O'l 
