CHEN et al. v BOUCHARD et al. - Page 103



          Interference No. 103,675                                                      

    the count. Additionally, CX 18 has an illegible signature of a person               
    alleged to have "witnessed" Dr. Chen's notebook. Similarly, CX 19 has               
    an illegible signature of a person alleged to have  "witnessed" Dr.                 
    Chen's notebook more than one month after the date on which Dr. Chen                
    completed the experiment set forth on page 015 of Notebook Number                   
    30347. Although Dr. Chen has testified that he performed an NMR                     
    analyses on the reaction product and determined that the "major                     
    product" had been obtained in a 50% yield, there is no indication                   
    anywhere on either CX 18 or CX 19 which shows any NMR analyses had                  
    been performed by Dr. Chen or explains how Dr. Chen separated the                   
    reaction products and determined the yield. No witness who allegedly                
    signed the notebook pages has testified.                                            
              In CX 20, the synthesis of 7-fluoro derivatives of protected              
    taxol is described. These compounds are not compounds within any of                 
    the counts. According to the date at the top of the page and Dr.                    
    Chen's testimony concerning his ordinary practice of making entries in              
    his notebooks, the experiment was started on October 8, 1990, the date              
    at the top of notebook page 025, and was completed by Dr. Chen on                   
    November 1, 1990, the date on which Dr. Chen signed the bottom of                   
    notebook page 025. Again an illegible signature of a person alleged to              
    have witnessed Dr. Chen's notebook is found at the bottom of the page.              
    The date of the "witnessing" is September 6, 1995, almost five years                
                                       103                                              


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