PITHA V. MULLER et al. - Page 20




                 Interference 102,413                                                                                   Page 20                        
                 Pitha v. Muller                                                                                                                       
                 the research performed by Dr. Ciesielski, Dr. Czajkowska and                                                                          
                 Dr. Szente, all said to have been carried out under his                                                                               
                 direction.  We find the testimony of Dr. Pitha to be credible                                                                         
                 only to the extent that the statements by Dr. Pitha have been                                                                         
                 corroborated by a person with first hand knowledge of the                                                                             
                 events which have taken place.  We do not find the statements                                                                         
                 of Dr. Pitha credible regarding the research performed by                                                                             
                 Dr. Ciesielski because we have not been directed to testimony                                                                         
                 of a person with first hand knowledge of Dr. Ciesielski’s                                                                             
                 activity to corroborate the statements of Dr. Pitha.                                                                                  
                          2.  The Research of Dr. Winicjusza Ciesielski.                                                                               
                          Pitha seeks to rely on the research appearing in                                                                             
                 Dr. Winicjusza Ciesielski’s laboratory notebooks, PX-27.                                                                              
                 Dr. Ciesielski did not testify during the testimony phase of                                                                          
                 the interference.   Pitha provides the testimony of Dr. Pitha32                                                                                                      
                 and the testimony of Dr. Czajkowska (PR-297) as a                                                                                     
                 corroborating witness for the description of the subject                                                                              
                 matter contained in Dr. Ciesielski’s laboratory notebook.                                                                             
                 Pitha argues that they should be able to rely on the work                                                                             
                 described in Dr. Ciesielski’s laboratory notebook as evidence                                                                         
                 because Dr. Pitha carefully supervised the work performed in                                                                          


                          32PB page 13, footnote 6.                                                                                                    





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