Interference No. 103,675
after the work by Dr. Chen was described on page number 025 and about
one month before the declaration of this interference. The person who
"witnessed" the notebook has not testified. According to Dr. Chen's
testimony, this experiment is included as Example 2 in the involved
Chen et al. patent.
According to Chen et al., Dr. Chen personally performed NMR
spectroscopy on the sample he obtained as described in CX 20 and that
spectrum is CX 21. Nevertheless, we observe that there is no
identification on the spectrum which is CX 21 which positively
identifies the compound analyzed as the compound prepared in CX 20.
Moreover, there is no corroboration of either CX 20 or CX 21.
BMS-46546
Chen et al. allege that in October 1990, Dr. Chen prepared a
compound as allegedly shown in his laboratory notebook 30347-066 (CX
23) by deprotecting the product he allegedly prepared earlier and
recorded in his laboratory notebook 30347-065 (CX 22). The Compound
Control Department at Bristol assigned the control number "BMS-46546"
to a sample submitted by Drs. Chen and Farina in November 1990 (CR 48,
¶93). Drs. Chen and Farina submitted the sample together with a form
in which they supplied in the lower part of the form (Part 2), inter
alia, the following information: a proposed structure; date of
submission; a batch number corresponding to Chen's notebook page
104
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