Interference No. 103,675
that it was so well-organized as to furnish additional reliability to
the results obtained by Dr. Chen and his colleagues. For example, we
have not been directed to any evidence which explains where Dr. Chen
obtained his starting materials for his experiments. In at least one
of the cases cited by Chen et al. there was evidence in the record
that starting reactants were withdrawn from a source within the
organization and the person (a non-inventor) who obtained the
materials so-testified.
In this proceeding, we have not heard from any person in
Bristol-Myers Squibb concerning what were the procedures set, if any,
for withdrawing chemical reactants for experiments or for maintaining
and recording information in laboratory notebooks. Nor is there any
evidence which establishes how data allegedly collected and stored on
"magnetic tape" was archived. There has been no testimony concerning
the "archived" data and whether the data so-collected and "archived"
was accessible to others or even if records of "archived" data are
maintained. At best, we know that there were numerous researchers at
Bristol-Myers Squibb synthesizing various organic compounds, there was
an analytical department and that there were at least quarterly
meetings in the department in which Dr. Chen worked. We cannot but
agree that Dr. Chen worked in an "organized program of research" but
we cannot agree that that mandates a finding that Chen et al. have met
80
Page: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Next
Last modified: November 3, 2007