Interference No. 103,675
corroboration of his notebooks is required. No person alleged to have
witnessed any of Dr. Chen's notebooks has testified in this
proceeding. Moreover, virtually all witnessing of Dr. Chen's notebooks
was made at date subsequent to his completion of the work represented
in the laboratory notebooks, sometimes years after the work was
allegedly completed.
XXXVa
Sometime in October 1991, Dr. Chen alleges that he removed
the taxol side-chain from BMY-46546, leaving the so-called taxol core
(see: page 27, paragraphs 11 and 12; page 28, paragraph 13; and page
72, paragraphs 181 and 182 of Chen et al.'s brief). Dr. Chen testified
that he recorded the procedure for removing the side-chain in one of
his laboratory notebooks (CR 63; CX 37). Drs. Chen and Farina
understood that Dr. Chen had prepared a mixture of fluorine epimers of
the so-called baccatin III derivatives of BMS-46546 (see page 72,
paragraph 182 of Chen et al.'s brief). According to Dr. Chen's
uncorroborated testimony, Drs. Chen and Farina "later learned" that
Dr. Chen's procedure for removing the side-chain from BMS-46546
actually resulted in a mixture of 7,8-cyclopropyl and 7-"-fluoro
baccatin III derivatives, although the basis for this conclusion is
not set forth in the brief.
In October 1991, Dr. Chen asked Dr. Kant to attach a
108
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