Interference No. 103,675
prepared by Dr. Chen or any other researcher at Bristol-Myers Squibb
on Dr. Chen's behalf prior to Bouchard et al.'s effective filing date.
Chen et al.'s argument at pages 156 and 157 of their brief that Dr.
Chen testified that he prepared compounds within the count prior to
December 9, 1992, even if established by the evidence, is inadequate
without corroboration. We find that Dr. Chen's testimony is inadequate
in establishing that he prepared any compound within the count because
the evidence does not establish adequate identification of any
compound within any of the counts. In this instance, because of Chen
et al.'s well-founded initial belief that they had prepared mixtures
of fluoro epimers of taxol, it was essential for Chen et al. to
establish that their subsequently developed evidence proved compounds
within the counts had actually been prepared. This Chen et al. have
not done.
Chen et al.'s arguments in their brief concerning: the skill
of the persons who worked with Dr. Chen; Chen et al.'s pronouncement
without any supporting evidence that Dr. Chen prepared compounds
within the counts by methods intended to prepare said compounds; Chen
et al.'s argument that the methods were reproducible; and Chen et
al.'s argument that "structure confirmation analyses" confirmed that
compounds within the counts were prepared, all are simply attorney
argument made without specific reference to facts in the record which
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