ELI LIILY & CO. vs. CAMERON et al - Page 16




                                                                                              Interference No. 104,101                   
                                                                                                                Page 16                  
                F36.    Lilly has provided the panel with a copy of the Lilly Submission Sheet for Serial No.                            
                311583.  (EX 1216, Bates No. 3114).  The submitted copy is difficult to read.  For example, the                          
                submission sheet contains the notation “Insuff. Mat.” next to an illegible typeprint.                                    


                F37.    The Serial No. 311583 submission sheet depicts the same structure as that depicted on                            
                page 266 of Mr. Cullinan’s notebook.  Similarly, the submission sheet contains the lot no. C12-                          
                AMF-266, and twice mentions Mr. Cullinan name.  The 311583 submission sheet, like page 266                               
                of Mr. Cullinan’s notebook, contains the following notations: 1) “C28H29NO3S • HCl” (the                                 
                empirical formula for the depicted structure); 2) “496.07” (the molecular weight of the depicted                         
                compound); and 3) “330 mg” (the alleged amount of product formed by Mr. Cullinan).                                       
                Moreover, the submission sheet refers to the dates “17 March 93” and “1 April 93.”                                       


                F38.    The submission sheet fails to demonstrate that Mr. Cullinan produced the depicted                                
                structure.  The submission sheet does not appear to contain any data from any of the analytical                          
                tests said to be requested by Mr. Cullinan.  At best, the legible portions of the submission sheet                       
                indicate that the depicted compound has a molecular weight of 496.07 and has the empirical                               
                formula C28H29NO3S • HCl.  Even if the information in these notations was correct, the                                   
                compounds are not limited to the specific structure depicted.  Furthermore, the record is unclear                        
                as to whether the stated molecular weight and empirical formula are the expected values based on                         
                the depicted structure or whether they represent the results of the tests said to have been                              
                requested by Mr. Cullinan.                                                                                               







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