CHEN et al. v BOUCHARD et al. - Page 124




          Interference No. 103,675                                                      


    reaction has occurred and whether or not the reaction is complete.                  
    Chen et al. have not even presented any of the actual TLC plates                    
    allegedly used by Dr. Chen to separate the compounds he allegedly                   
    prepared. Rather we have only Dr. Chen's rudimentary drawings of what               
    purports to be the TLC plates he actually used to separate the                      
    compounds allegedly prepared.                                                       
              Chen et al. also rely heavily on various nuclear magnetic                 
    resonance spectroscopy spectra as evidence that compounds allegedly                 
    prepared by Dr. Chen were identified by Dr. Chen or co-workers at                   
    Bristol-Myers Squibb as compounds within the various counts. Ignoring               
    for the time being that Chen et al. have never identified any compound              
    allegedly prepared by Dr. Chen or any other employee of Bristol-Myers               



          which is useful in monitoring the progress of organic reactions and           
          determining the purity of compounds. TLC consists of a stationary             
          phase immobilized on a glass or plastic plate and an organic                  
          solvent. The sample is deposited as a spot on the stationary phase            
          and the bottom of the plate placed in a container with solvent.               
          When the solvent front travels the length of the plate and reaches            
          the opposite edge of the stationary phase, the plate is removed and           
          the spots, representing the starting materials and products, are              
          developed with UV light or iodine vapor. The different components             
          move up the plate at different rates due to differences in their              
          partitioning behavior between the mobile solvent phase and the                
          stationary phase. The retention factor, Rf, is defined as the                 
          distance traveled by the compound divided by the distance traveled            
          by the solvent. Because the conditions which determine a compound's           
          Rf are difficult to control, Rf factors are generally denominated             
          "relative Rf's." Using an authentic sample of an unknown compound             
          believed to have been prepared, the identity of an unknown can be             
          confirmed by running the unknown and the authentic sample side-by-            
          side. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA              
          1970).                                                                        
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