CHEN et al. v BOUCHARD et al. - Page 109



          Interference No. 103,675                                                      

    Taxotere12 side-chain to the 7-fluoro epimer baccatin III derivatives               
    he earlier prepared. Dr. Kant allegedly prepared the compounds in                   
    November 1991 and recorded them in his laboratory notebook number                   
    32108 (CX 38; CX 39). Dr. Kant understood that he had prepared 7-                   
    fluoro derivatives of the baccatin III derivatives earlier prepared by              
    Dr. Chen based on the information provided to him by Dr. Chen (CR                   
    2141-42, 2162, 2175, 2181, 2191, 2193; CX 40).                                      
              Thus, CX 37 is directed to compounds not within any of the                
    counts. Moreover, at the time the compounds shown therein were                      
    synthesized Drs. Chen and Farina believed the compounds to be mixed                 
    fluorine epimers of taxol. Similarly, CX 38 and 39 represent mixed                  
    fluoro baccatin compounds not compounds within any of the counts.                   
              In August 1992, Dr. Chen alleges that he prepared 7-deoxy-8-              
    desmethyl-7,8-cyclopropyl baccatin III by the procedure outlined in                 
    his laboratory notebook number 33450 (CX 87). Dr. Chen's notebook was               
    signed by Marc A. Bruce, a person who has not testified in this                     
    proceeding, on November 24, 1992, next to the caption "WITNESSED AND                
    UNDERSTOOD BY:". The notebook indicates that Dr. Chen began with 30                 
    milligrams of starting reactant; 15 milligrams of tetrabutyl ammonium               
    borohydride and 1 milliliter of dichloro methane. In late August 1992,              

          12 Taxotere is the tradename for the Rhone-Poulenc Rorer Taxol                
          analog bearing a different side-chain than Taxol. CR62.                       
                                       109                                              


Page:  Previous  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  Next 

Last modified: November 3, 2007