CHEN et al. v BOUCHARD et al. - Page 110



          Interference No. 103,675                                                      

    Dr. Golik, a Bristol-Myers Squibb employee received a 30.5 milligram                
    sample of a compound identified to him by Dr. Chen as 7-deoxy-8-                    
    desmethyl-7,8-cyclopropylbaccatin III (CR 146; CX 211). Dr. Golik                   
    testified that Dr. Chen explained to him that Dr. Chen had prepared                 
    the sample by "treating 7-deoxy-desmethyl-7,8-cyclopropyltaxol with                 
    tetrabutylammonium borohydride" (CR 147). Dr. Golik wrote the reaction              
    Dr. Chen explained to him for preparing the compound in his laboratory              
    notebook number 30614, page number 094. Thus, Dr. Golik's knowledge                 
    was not independent but obtained directly from Dr. Chen, an inventor.               
              In late August 1992, Dr. Golik transferred a recrystallized               
    sample of the compound given to him by Dr. Chen to Dr. Gao with a                   
    request for x-ray diffraction analysis (CR 148; CX 212). The request                
    form included the structure for the compound as proposed by Dr. Chen.               
    Dr. Gao performed an x-ray diffraction experiment on the sample in                  
    early September 1992. According to Dr. Gao's testimony, after her                   
    mixed results experimenting to find a suitable solvent for                          
    crystallizing the compound, she "solved" the structure on September 8,              
    1992, of the compound submitted by Dr. Golik from data generated in                 
    her experiment on September 4, 1992 (CR 163). According to her                      
    testimony, Dr. Gao "confirmed that the proposed structure was                       
    correct." Id. The proposed structure was the structure which Dr. Chen               
    had previously furnished to Dr. Golik. Dr. Gao wrote up her findings                
                                       110                                              


Page:  Previous  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  Next 

Last modified: November 3, 2007