ELI LIILY & CO. vs. CAMERON et al - Page 29




                                                                                             Interference No. 104,101                   
                                                                                                               Page 29                  
                        Mr. Paicely’s testimony and notebook do not provide the results of the mass spectroscopy                        
                test conducted for Mr. Cullinan.  Furthermore, neither the notebook nor Mr. Paicely’s testimony                         
                indicate that Mr. Cullinan had correctly identified the structure of the compound sent for testing.                     


                                3.      Susan M. Sharples’ Testimony Does Not Confirm the Identity of the                               
                                        Compounds Allegedly Made by Mr. Cullinan                                                        
                        Ms. Susan M. Sharples is a Physical Chemist employed by Lilly.  (EX 1160, ¶ 2).  Ms.                            
                Sharples 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).                                                                                                         
                        Ms. Sharples’ testimony helps verify that Lilly’s P-Chem requests presented into                                
                evidence are true and accurate copies of those contained in Lilly’s P-Chem Laboratory microfilm                         
                archives.  Her testimony does not comment upon the accuracy of the information contained                                
                within those requests.  In particular, Ms. Sharples’ testimony fails to confirm that Mr. Cullinan                       
                manufactured a compound having the structure depicted as Lilly compound 311583.                                         


                                4.      Mr. F. William Bell’s Testimony Does Not Confirm the Identity of the                            
                                        Compounds Allegedly Made by Mr. Cullinan                                                        
                        Mr. F. William Bell is an Assistant Senior Chemist at Lilly.  (EX 1159, ¶ 2).  Mr. Bell                         
                testified that the 311583 submission sheet (LX 1216, Bates No. 3114) presented into evidence is                         
                a true and accurate copy of the one he obtained from Lilly’s Research Records.  (EX 1159, ¶ 7).                         









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