ELI LIILY & CO. vs. CAMERON et al - Page 14




                                                                                              Interference No. 104,101                   
                                                                                                                Page 14                  
                F30. The March 22 portion of Mr. Cullinan’s laboratory notebook page 266 depicts the                                     
                chemical structure Mr. Cullinan is said to have prepared and contains notations consistent with                          
                mass spectroscopy analysis (“MS m/e=460") and elemental analysis.  Yet, the notations                                    
                contained on page 266 do not conclusively demonstrate that Mr. Cullinan produced the                                     
                specifically identified structure.  Specifically, these notations are consistent with compounds                          
                having the same empirical formula as the depicted structure but falling outside of the count.                            


                F31.    Mr. Cullinan testifies that he submitted a submission sheet (Exhibit 1216, Bates No.                             
                3114) to the Research Records Department that requested a serial number for the product of the                           
                reaction described on page 266 of his notebook.  The compound is said to have been given the                             
                Serial Number 311583.  (EX 1152, ¶ 39).                                                                                  


                        Lilly Physical Chemical Laboratory Submission Sheets 469307, 469590 and 469823                                   
                F32. Ms. Susan M. Sharples is a Physical Chemist employed by Lilly.  (EX 1160, ¶ 2).  Ms.                                
                Sharples testified that she has worked in the Physical Chemistry Laboratory Department from                              
                May 1984 to the present.  (EX 1160, ¶ 2).  Ms. Sharples has testified that the physical chemistry                        
                submission sheet requests 469307, 469590 and 469823 are true and accurate copies of those                                
                contained in Physical Chemistry microfilm archives.  (EX 1160, ¶ 6).                                                     


                F33. The physical chemistry submission sheet documents bear Mr. Cullinan’s name and depict                               
                the structures depicted on pages 261 and 266 of Mr. Cullinan’s notebook.  (Sheet 469307, EX                              







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