Interference No. 104,101
Page 10
F19. Mr. Cullinan’s testimony fails to specifically identify the source of the starting material,
i.e., the “hydroxy” compound that is said to undergo reduction. Moreover, Mr. Cullinan’s
testimony fails to specifically explain how he confirmed the structure of the starting material
undergoing reduction.
F20. Mr. Cullinan testifies that he submitted the product from the above chemical reduction
reaction, described on page 261 of his laboratory notebook (EX 1201, Bates No. 3012) for mass
spectroscopy analysis, proton NMR analysis and I.R. analysis. (EX 1152, ¶ 34, EX 1211, Bates
No. 3069). Mr. Cullinan states that the results of these analyses helped confirm that he had made
a compound having the following structure:
(EX 1152, ¶ 34). The above depicted structure is within the scope of Count 2.
F21. Mr. Cullinan’s testimony fails to explain how the “mass spectroscopy analysis, proton
NMR analysis and I.R. analysis helped to confirm” that he had made the identified compound.
Specificlly, Mr. Cullinan failed to cite and/or explain the underlying data for his conclusion that
he made the specific structure depicted on PC 469,307 (Bates No. 3069). Additionally, Mr.
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