Interference No. 103,675
before the date of completion for the preparation of the starting
materials as set forth in CX 62 and CX 63, that is, January 1, 1992.
Further, we do not know the basis for Chen et al.'s conclusion or Dr.
Chen's conclusion that the sample prepared in CX 61 was a "1:1"
mixture of the protected cyclopropyl taxol derivative and "its ring
contracted analog." There is certainly no evidence in the record
showing who separated the compounds or how the compounds were
separated or identified. We presume from the various arguments and
submissions in the record that at least some of the analysis performed
at Bristol-Myers Squibb was performed on a single compound and not a
mixture of compounds. But compare this with Chen et al.'s
representations in their petition to withdraw from issue their
application serial number 07/907,261 wherein Chen et al. represented
that:
At the time of filing, Applicants believed that they
possessed both the 7-"-fluorotaxol and 7-ß-fluorotaxol
derivatives .... These 7-"-fluorotaxol and 7-ß-fluorotaxol
derivatives formed a part of the claims. However, recent
investigation has revealed that what was once believed to be
the ß-fluorotaxol derivatives were actually cyclopropyltaxol
derivatives ....
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