Interference No. 104,241
does not establish the identity of what compound was actually
produced by Jeon or independently corroborate the statements
made on Jeon's notebook page but only serves to establish that
the notebook page existed on a certain date, allegedly prior
to December 17, 1993. Hahn v. Wong, 892 F.2d at 1032, 13
USPQ2d at 1317.
In reaching this conclusion, we have not overlooked Jeon
et al.'s argument that the "representation of a Thin Layer
Chromatography ("TLC") result represented by the rectangle on
the left-hand side of the page) which was performed
immediately after the synthesis scheme" proves a pure product
was obtained (page 2 of Yoon T. Jeon's declaration filed as
part of Paper Number 3 in this interference). Neither have we
overlooked the fact that in Dhar's declaration Dhar has
declared that:
I observed the synthesis of the compound by Yoon T.
Jeon. The date on which the synthesis took place is
prior to December 17, 1993, although the date has
been redacted from the copy of the notebook page.
Nonetheless, the "representation of a Thin Layer
Chromatography" on the laboratory notebook page does not
identify the structure for the pure product allegedly
obtained.
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