which they work. Consistent with our assumptions, we doubt
that the employees operate as "independent contractors" each
going their own way without meaningful direction from the head
of the research laboratory. Nevertheless, our assumptions do
not dispense with the need for credible evidence in the record
of what occurred within a research laboratory. In other
words, we cannot assume--unless there is credible evidence in
the record--that (1) any particular individual discussed a
problem with another individual, (2) any individual acted on
behalf of another individual, or (3) any result obtained by
one individual was communicated to another individual.
For example, even if we assume that Holtzman entered
information said to have been provided to her into the
research database, we do not know the precise significance of
entry of the information. Furthermore, we do not know--unless
there is evidence in the record--whether and when an
individual might have consulted the database after entries
were made therein. What remains a constant, however, is that
we are bound to decide cases on the evidence and arguments
before us--not a fact scenario which we imagine might exit.
The Koboldt testing of SC-58394
Koboldt testified that "testing showed compound SC-58394
to have good COX-2 inhibitory selectivity" and that she
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