Interference No. 103,675
an NMR spectrum for the compound prepared in CX 54 (CX 56).
Thereafter, Dr. Chen gave both his own NMR spectrum, including a
depiction of the proposed structural formula, and a sample to Ms.
Huang for purposes of performing NMR analysis on said sample (CX 98;
CR 642, 643). Ms. Huang obtained an NMR spectrum which she initialed
and dated on 12/17/91 (CX 57). The exhibit is captioned at the top of
the page "CHEN 32044-010 12/16/91." Nevertheless, the date on the
right hand side of the spectrum is "13-5-93" or May 13, 1993. Chen et
al. have not even addressed let alone explained this discrepancy. Dr.
Chen testified that the NMR machines used at Bristol-Myers Squibb did
not generate the handwritten notes (CR 577-78; CR 580, lines 2-8; CR
583, lines 2-5; CR 584, lines 3-13; CR 594, line 16 through CR 595,
line 6).
A sample of the compound was submitted by Dr. Chen to the
Compound Control Department in January 1992. Ms.Kissel assigned the
sample the Bristol-Myers Squibb compound number BMS-183582-01 (CX 60).
The sample was determined to have the ability to polymerize and
stabilize tubulin (CR 128; CX 182, 183). The sample was also
determined to have in vitro cytotoxicity against certain cancer cells
(CR 141; CX 203). The results were provided to Dr. Chen who then
provided them to Dr. Farina.
Ms. Huang's conclusion that the spectra she obtained were
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