Interference No. 103,675
50). Dr. Chen also testified without corroboration that he prepared
the starting material from epi-taxol as set forth in his laboratory
notebook number 32242 at pages 184 and 194 (CX 51, 52). According to
Dr. Chen, he performed an NMR analysis of "product 1°" in December
1991, although how Dr. Chen obtained "product 1°" is not set forth in
the brief or exhibit (CX 53). Dr. Chen also requested MS analysis in
December 1991, and the data was "re-plotted" in 1996 (CX 128, CX 302).
According to Dr. Chen's uncorroborated testimony he de-protected the
sample he had prepared according to the procedure set forth in his
laboratory notebook 32242-195 in mid-December 1991 and recorded the
procedure in his laboratory notebook number 32044 on page 009 of said
notebook (CX 55). This notebook page suffers from the same problems
with respect to witnessing as noted earlier.
According to Dr. Chen, he submitted a sample of the compound
depicted in notebook 32044-009 to the Analytical Department and Ms.
Huang recorded his request in her notebook (CX 98). The spectrum
obtained by Ms. Huang bears her initials and is dated "12/16/91" yet
the date on the printout is "13-5-93", that is, May 13, 1993 (CX 58).
There are neither dates nor initialing for the handwritten structural
formula written on the spectrum. Ms. Huang testified that the spectra
she obtained were "consistent with" the structure "proposed by Dr.
Chen." (CR 577-584; CR 642).
117
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