CHILD et al. V. KOLAR et al. - Page 15




          Interference No. 102,408                                                    


          positive was accepted as an indication that a compound had                  
          anti-cancer activity (CR285,                                                
           2).                                                                       
               According to Durr (CR286,  3):                                        
                    During 1984 at Lederle, the standard procedure                    
               for carrying out the P 388 test was as follows:                        
                    The animals used were BDF 1 mice, all of one                      
               sex, weighing a minimum of 17 g and all with a 3 g                     
               weight range.  There were 5 or 6 mice per test                         
               group.  The tumor transplant was by intraperitoneal                    
               injection of 0.5 ml of diluted ascitic fluid                           
               containing 10  cells of lymphocytic leukemia P 388.6                                                         
               The test compounds in 0.5 ml of 0.2% Klucel in                         
               normal saline were administered intraperitoneally on                   
               days 1, 5 and 9 after tumor implantation, at the                       
               indicated doses.  The mice were weighed and the                        
               survivors recorded on a regular basis for up to 30                     
               days.  The ratio of survival time for treated                          
               (T)/control (C) animals times 100 was calculated.  A                   
               score of 125 or greater is an indication that the                      
               compound was active in the P 388 test. [Compare                        
               CR291.]                                                                
               Exhibit B attached to the Durr declaration is said to                  
          report the results of a P 388 test carried out on compound                  
          "285605 (12459B 47A)."  See CR287,  7; CR292.  The exhibit                 
          bears the following dates: (1) “DATE 6/20/84”, (2) “Data                    
          Entered 7/27/84,” (3) "A.J. Hauss 9/25/84," and (4) “9/27/84                
          H.L. Lindsay.”                                                              
               Additionally, junior party Child relies on the                         

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