Interference No. 104,101
Page 11
Cullinan failed to explain how he had confirmed the identity of the specific hydroxy compound
being reduced.
F22. Cullinan laboratory notebook page 261 fails to state the source of the compound
undergoing reduction and does not provide a reasonable basis to conclude that the depicted
starting material structure is correct.
F23. Cullinan laboratory notebook page 261 contains notations indicating that an NMR and
mass spectroscopy were run. Specifically, the notebook page has notations such as “NMR good”
and “MS m/e=460.” The notebook page notations, however, fail to confirm that the structures
depicted in Mr. Cullinan’s testimony and in his laboratory notebook are correct. For example,
the NMR notation lacks specificity and the mass spectroscopy notation is consistent with a
variety of structures falling outside the scope of the count.
Top Half of Cullinan Notebook Page 266 Dated March 17, 1993
F24. Mr. Cullinan testifies that on March 17, 1993 he entered on page 266 of his laboratory
notebook (EX 1201, Bates No. 3013) a process for preparing the product obtained on page 261 of
his notebook (EX 1201, Bates No. 3012). (EX 1152, ¶ 35). A compound said to have been made
by this process was submitted for proton NMR analysis and elemental analysis. (EX 1211, Bates
No. 3070). Mr. Cullinan states that the “proton NMR analysis and elemental analysis helped to
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