CHEN et al. v BOUCHARD et al. - Page 105



          Interference No. 103,675                                                      

    30347-066; a proposed empirical formula; the weight of the sample;                  
    identification of the sample as a taxol derivative which was a 1:1                  
    mixture of epimeric fluorides at C7 and, a proposed utility                         
    ("Antitumor Agent"). Linda Kissel, a Bristol-Myers Squibb employee in               
    the Compound Control Department, filled out the top part of the form                
    (Part 1), including the formula and molecular weight as determined by               
    a computer and based on the proposed structure furnished by Drs. Chen               
    and Farina.                                                                         
              After the sample and the form were submitted, Dr. Mamber                  
    performed a tubulin polymerization assay on BMS-46546. Based on the                 
    test results for the compounds Dr. Mamber testified that he informed                
    Drs. Chen and Farina of the results (CR 125, line 16 through CR 126,                
    line 12; CX 172). Dr. Mamber retested BMS-46546 two more times in                   
    November 1990 using the same procedure which tests confirmed his                    
    earlier results (CR 126). Dr. Chen included the results of the testing              
    in the Quarterly Report he prepared for Dr. Vayas (CX 17). Dr. Mamber               
    did not testify as to the identity of the sample he tested other than               
    stating that it was the sample he received from Drs. Chen and Farina.               
              In November 1990, BMS-46546 was also tested for in vitro                  
    cytotoxicity (CR 132,134). The results of the testing were comparable               
    to the results for the taxol control also tested along with the sample              
    of BMS-46546 (CR 136). The results were provided to Dr. Chen and Dr.                
                                       105                                              


Page:  Previous  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  Next 

Last modified: November 3, 2007