CHEN et al. v BOUCHARD et al. - Page 106



          Interference No. 103,675                                                      

    Chen included the results in his report to Dr. Vyas (CX 34).                        
              In January 1991, Dr. Chen allegedly prepared a second sample              
    of the compound known as BMS-46546 as allegedly shown in Dr. Chen's                 
    laboratory notebook number 30449 at page 016 (CX 29). The experiment                
    on said notebook page was started on January 1, 1991 and completed on               
    February 1, 1991. According to Dr. Chen's notebook page, 29 milligrams              
    "pdt." in 85% yield was obtained. The product is defined only as "C7-F              
    Taxol." Under the heading "WITNESSED" at the bottom left hand side of               
    the page an illegible signature is found along with a date which                    
    appears to be October 2, 1995, more than 4 (four) years after the                   
    experiment had been completed. No person who "witnessed" the notebook               
    has testified in this proceeding.                                                   
              Chen et al. allege that Drs. Chen and Farina submitted 45                 
    milligrams of said sample, 16 milligrams more sample than prepared on               
    February 1, 1991, to the Compound Control Department on January 15,                 
    1991, before February 1, 1991, the alleged date on which Dr. Chen                   
    completed the experiment preparing said compound. Dr. Chen filled out               
    a compound submission form indicating, inter alia: the date submitted               
    (January 15, 1991); the batch number (30449-016); a proposed empirical              
    formula; a molecular weight; the amount of sample; a proposed                       
    structural formula; and, a proposed utility (Antitumor Agent). The                  
    compounds were tested in vivo for antitumor activity and by not later               
                                       106                                              


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