Interference No. 103,675
products. Spectra bearing the identification number 32242-191-2 and
32242-191-3 are CX 47 and CX 48, respectively. According to Dr. Chen,
he submitted a sample of the "first reaction product" to Ms. Huang for
NMR analysis. According to Ms. Huang's testimony, she performed the
requested NMR analysis on November 4 and 5, 1991 (CX 49). The spectrum
obtained is captioned on the top of the spectrum as "CHEN 32242-191-1
CDCL3 12/4/91." Nevertheless, CX 49 bears a date of "26-3-93", that
is, March 26, 1993. Additionally, there are numerous handwritten
notations on the various peaks of the spectrum and a formula at the
top of the spectrum which bear no date. Thus, it appears that CX 49 is
not the original spectrum but a so-called "re-plot", made in March
1993, of the data allegedly generated in December 1991. But we cannot
determine how the handwritten notes appeared on a "re-plot." There has
been no testimony which evidences that the Bristol-Myers Squibb
computer system was capable of storing notes printed by hand on the
original NMR printout. Thus, the reliability of this "re-plotted" data
is in question.
According to Dr. Chen's uncorroborated testimony, in
December 1991, he subsequently deprotected the 7-epi-taxol derivative
he had earlier prepared. Dr. Chen recorded the preparation of the
deprotected compound in his laboratory notebook number 32044 at page
010 (CX 54). According to Dr. Chen's uncorroborated testimony, he ran
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