[Stultis]

That's how unfalsifiability works. If the genes are the same, they are 'highly conserved'. If they are not the same, they aren't 'highly conserved'.

Ooops! Reading comprehension again. They aren't "the same". They're just less different than the typical genes are (between species with that degree of evolutionary relationship).

[GourmetDan]

Even worse.

If the genes are 'less different' than typical, then they are 'highly conserved'. If more different, then they aren't 'highly conserved'.

Don't see how this helps your position.