CHEN et al. v BOUCHARD et al. - Page 119



          Interference No. 103,675                                                      

    plotted" NMR confirms that Dr. Chen had correctly identified the                    
    sample in 1991/1992.                                                                
              Later in January 1992, the Analytical Department performed                
    mass spectral analysis on the sample  and the data obtained was "re-                
    plotted" in 1996 (CX 109). According to Chen et al., the re-plotted                 
    spectra from the testing done in 1992 confirms that Dr. Chen correctly              
    identified the sample he prepared in late 1991 (CX 64). In March 1992,              
    Dr. Chen submitted additional samples of the product he prepared in                 
    December 1991 for high resolution mass spectroscopy (HRMS) (CX 118).                
    Results from the data obtained in 1992 were reprinted in 1996 and that              
    data allegedly confirms that Dr. Chen correctly identified the product              
    he prepared in 1991.                                                                
              In early January 1992, Dr. Chen alleges to have removed the               
    protecting group from the sample he prepared in December. According to              
    Dr. Chen's testimony, he recorded the procedure for deprotecting the                
    earlier prepared compound in his laboratory notebook number 32044-039               
    (CX 67). Dr. Chen requested that the Analytical Department perform NMR              
    and MS analysis on the sample. In early January 1992, Ms. Huang                     
    recorded her analysis in her laboratory notebook number 30619 at page               
    036 (CX 108). According to the testimony of Huang and Rourick (CR 86;               
    197; CX 69; 108) the spectra were "re-plotted" in 1996 from the raw                 
    data obtained in 1992. Likewise, carbon NMR spectra obtained in 1992                
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