Interference No. 103,675
not testified in this proceeding. The product depicted in each of Dr.
Kant's notebooks is a mixture of 7-fluoro taxol derivatives not
compounds within any of the counts. The compound shown on page 113
prepared by Dr. Kant was the protected taxol derivative not a compound
within any of the counts. The NMR analysis performed by Dr. Kant was
on the protected derivative. The protected derivative is alleged to
correspond to Example 22 of Chen et al.'s involved patent. Dr. Kant
also allegedly performed an NMR analysis on the product shown on page
115 (CX 39) and described on the NMR spectrum as "7-fluor-10-acetyl
analog of Taxotere/CDCL3" (CX 41).
In early November 1991, Dr. Kant submitted a sample of the
deprotected Taxotere derivative to the Compound Control Department for
testing. The submission form completed in part by Dr. Kant described
the compound as "7-fluoro-10-acetyl-taxotere" and depicted the sample
as an epimeric mixture of fluoro isomers (CX 42). The product was
further described as a "white foam" and Dr. Kant provided a proposed
formula, structure and molecular weight for the compound. The Compound
Control Department assigned the sample the Bristol-Myers Squibb
identification number BMS-18902-01 (CR 180). The compound was tested
in the tubulin polymerization assay by Dr. Mamber in November 1991. By
December 1991, Dr. Mamber informed Drs. Farina, Chen and Kant of the
results of his testing (CR 128). The results of further testing were
112
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