CHEN et al. v BOUCHARD et al. - Page 121



          Interference No. 103,675                                                      

    meeting summary.                                                                    
              According to Dr. Chen's uncorroborated testimony, he                      
    prepared additional samples of "compounds within the counts" in May                 
    1992 (CX 74); December 1992 (CX 78) 13; and January 1993 (CX 79).                   
    According to Dr. Chen's further uncorroborated testimony, Ms. Wei, at               
    his direction prepared additional samples for testing in April 1992.                
    Dr. Chen submitted a sample of the compound along with a submission                 
    form to the Compound Control Department (CX 86). The compound was                   
    assigned Bristol compound number BMS-183821-01 (lot number 002). In                 
    May/June 1992, in vivo experiments were started by injecting compound               
    samples into cancer-implanted mice (CR 159; CX 241-243). According to               
    Dr. Chen's uncorroborated testimony, he received the results of the in              
    vivo testing by November 1992 (CR 78).                                              
              In February 1992, the Compound Control Department assigned                
    the compound Bristol compound number BMS-183821 (CX 70). See, also,                 
    page 134, ¶403 of Chen et al.'s brief.                                              
              It is difficult to understand how Dr. Chen prepared                       
    "starting materials" for the procedure in his earlier numbered                      
    notebook based on entries in subsequently numbered notebooks,                       
    especially when the date of completion of the procedure in CX 61 is                 

          13 As a "protected" analog of Taxol the compound described in                 
          CX 78 is not a compound within any count.                                     
                                       121                                              


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