Interference No. 103,675
forwarded to Dr. Chen and Farina in December 1991 (CR 139). In
December 1991, in vivo testing of BMS-182902-01 began and the results
were obtained by late April 1992 (CR 158).
Thus, none of the compounds prepared by Dr. Kant were
compounds within the counts but were instead mixed fluorine
derivatives of baccatin III. While Dr. Kant is not an inventor
his testimony need not be corroborated. Nevertheless, the witness to
his notebook signed the notebook page some 3 and a half years after
the work was performed and the witness has never testified. We find
this is exemplary of the cavalier regard given to witnessing notebooks
at Bristol-Myer Squibb during the relevant time period.
BMS-183582-01
Dr. Chen discussed biologically inactive ring contracted
cyclopropyl derivatives he allegedly prepared in his Quarterly Report
in August 1991 (CX 43). In late November 1991, Dr. Chen prepared a
compound by reacting DAST with a 10 and 2' protected 7-epi-taxol (CX
44). The protected epi-taxol compound was prepared according to the
procedure in Dr. Chen's laboratory notebook number 32242, pages 089
and 127 (CX 45; CX 46). Although there is no testimony explaining how
the three compounds were separated and identified, according to Dr.
Chen's uncorroborated testimony he performed an NMR analysis for the
products he identified in his notebook as the second and third
113
Page: Previous 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Next
Last modified: November 3, 2007