ELI LIILY & CO. vs. CAMERON et al - Page 12




                                                                                              Interference No. 104,101                   
                                                                                                                Page 12                  
                confirm” that he had prepared a compound depicted on page 266 of his notebook, which has the                             
                following structure:                                                                                                     









                (EX 1152, ¶ 36).  Laboratory notebook page 266 has the number “311583" written next to the                               
                above depicted structure.                                                                                                


                F25. Mr. Cullinan has failed to explain how the “proton NMR analysis and the elemental                                   
                analysis helped to confirm” that he had made the compound depicted on page 266 of his                                    
                notebook.  Specifically, Mr. Cullinan has failed direct our attention to the underlying proton                           
                NMR data and explain how that test data would support a conclusion that he had prepared the                              
                identified structure.                                                                                                    


                F26. The March 17 portion of Mr. Cullinan’s laboratory notebook page 266 depicts the                                     
                chemical structure Mr. Cullinan is said to have prepared and contains the notation “NMR: O.K.”1                          
                (EX 1201, Bates No. 3013).  The notebook page fails to identify the underlying data for the                              
                proton NMR analysis.                                                                                                     


                        1We understand “NMR” to mean nuclear magnetic resonance.                                                         





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