CHILD et al. V. KOLAR et al. - Page 13




                 Interference No. 102,408                                                                                                               


                 CR366.  In turn, sample no. 12459B-47B was assigned Cyanamid                                                                           
                 Laboratory (CL) number CL285605.  See CR228.                                                                                           
                          "Samples of the products" described on page 47 of                                                                             
                 notebook 12459B were said to have been subjected to infrared                                                                           
                 analysis, elemental analysis, and biological testing for anti-                                                                         
                 cancer activity (CR355, ¶ 4).  The infrared absorption curve                                                                           
                 for sample no. 12459B-47B is said to be attached to the James                                                                          
                 declaration as exhibit O.  See CR20; CR3-4, ¶ 9.  According to                                                                         
                 Dr. James, the current supervisor of the spectroscopy group at                                                                         
                 Lederle (CR1,                                                                                                                          
                 ¶ 3):                                                                                                                                  
                                   I have reviewed each of Exhibits O-R and T-V                                                                         
                          [(CR20-23 and 25-27)] to compare the structural                                                                               
                          formula which is written on each Exhibit with the                                                                             
                          infrared absorption curve and confirm that the                                                                                
                          infrared curve for each structural formula is                                                                                 
                          consistent with each structural formula [(CR4, ¶                                                                              
                          10)].                                                                                                                         
                          Exhibits 11 and 12, attached to the Medwid Declaration                                                                        
                 (CR96 and CR97), were identified as reports of the elemental                                                                           
                 analyses of sample nos. 12459B-47A  and 12459B-47B,          16                                                                        

                 MP [:] 270-273E").                                                                                                                     
                          16Presumably, the notation "12459B-47A" is intended to                                                                        
                 identify the product labeled "A" on page 47 of Child's                                                                                 
                 notebook 12459B, the preparation of which is described                                                                                 
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