CHILD et al. V. KOLAR et al. - Page 14




                 Interference No. 102,408                                                                                                               


                 respectively, requested by Child which identify the amounts of                                                                         
                 C, H, N, Cl and Pt in both samples.  Franz Scheidl was said to                                                                         
                 have analyzed the amounts of Cl and Pt in sample nos. 12459B-                                                                          
                 47A and 12459B-47B prior to June 9, 1984.  See CR191,  13;                                                                            
                 CR192; see also CR96 (sample no. 8406019 corresponds to sample                                                                         
                 no. 12459B-47A); CR97 (sample no. 8406052 corresponds to                                                                               
                 sample no. 12459B-47B).  However, the evidence relied on by                                                                            
                 Child is silent as to when either sample was analyzed for C,                                                                           
                 H, and N.                                                                                                                              
                          Finally, sample no. "285605 (12459B 47A)"  was said to                    17                                                  
                 have been tested for anti-cancer activity.  During 1984,                                                                               
                 Frederick Durr was said to have been "in charge of the group                                                                           
                 which had the responsibility for testing chemotherapeutic                                                                              
                 agents for anti-cancer activity” (CR285,  2).  One of the                                                                             
                 tests which was used at that time was the P 388 test which if                                                                          

                 therein.  Compare CR365 ("[a]fter stirring for 3 hrs beige                                                                             
                 solid filtered off and washed separately with water and dried                                                                          
                 A. wt = 0.37g mp 262E") and CR355,  4 ("[t]he mixture was                                                                             
                 stirred for three hours and filtered.  The filtered crystals                                                                           
                 weighed 0.37g; mp 262 dec. and were labeled 'A'.") with CR368                                                                          
                 ("RANGE B.P. OR M.P. 262E dec     . . . [P]HYSICAL APPEARANCE                                                                          
                 beige solid").                                                                                                                         
                          17As discussed above CL number CL285605 was assigned to                                                                       
                 sample no. 12459B-47B.  See CR228.                                                                                                     

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