CHEN et al. v BOUCHARD et al. - Page 120



          Interference No. 103,675                                                      

    were "re-plotted" in 1995 by Ms. D'Andrea (CX 69; 112). According to                
    the testimony of Dr. Kingston, the "re-plotted" spectra were                        
    "consistent with" the structure proposed by Dr. Chen (CR 121).                      
              In February 1992, the Analytical Department performed mass                
    spectral analysis on the sample as prepared on page 039 of Dr. Chen's               
    notebook number 32044 (CR 96; CX 117). In 1996, after Bouchard et                   
    al.'s effective filing date, the MS spectra were "re-plotted" and the               
    results obtained were "consistent" with Dr. Chen's proposed structure               
    for the sample. Later in March 1992, the Analytical Department                      
    performed HRMS analysis on the sample as prepared at page 039 of Dr.                
    Chen's laboratory notebook number 32044 (CR 100; CX 121, 122).  In                  
    early February 1992, Dr. Chen submitted a sample along with a compound              
    submission form to the Compound Control Department to Dr. Fairchild                 
    for antitumor testing (9 milligrams) and to Dr. Mamber for antitumor                
    testing (1.2 milligrams) (CX 70). Ms. Kissel assigned the sample                    
    Bristol compound number BMS-183821-01 (CX 70). The results of Dr.                   
    Mamber's testing were included in Dr. Farina's summary in April 1992                
    (CX 72). In March 1992, the compound was tested for in vitro cancer                 
    cell cytotoxicity (CX 204) and the results printed out by Dr.                       
    Fairchild (CX 206). After retesting, Dr. Fairchild concluded that the               
    compound tested had the ability to kill human cancer cells in vitro                 
    (CR 144). The results were also included in Dr. Farina's April 1992                 
                                       120                                              


Page:  Previous  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  Next 

Last modified: November 3, 2007