CHEN et al. v BOUCHARD et al. - Page 125



          Interference No. 103,675                                                      

    Squibb by reading the compound allegedly prepared on the specific                   
    elements required by the various alternatives of the various counts,                
    nuclear magnetic resonance spectroscopy (NMR) is understood to be an                
    analytical tool capable of confirming the structure of an unknown                   
    compound. There is, however, no evidence in this record which                       
    establishes that NMR is capable of reliably identifying a complex                   
    compound such as one of the compounds of the counts in a mixture of                 
    compounds based on the NMR spectrum alone. On this matter we find it                
    to be quite informative to turn to the testimony of Dr. Nicolaou on                 
    NMR as an analytical tool. We shall reproduce parts of Dr. Nicolaou's               
    testimony from BR 2-3:                                                              
              NMR is a well-known analytical technique used for at least                
              the last 30 years for determining the structure of chemical               
              compounds. The principle by which NMR functions involves the              
              magnetic properties of certain atoms such as protons (1H)                 
              contained within a molecule being evaluated. Protons can be               
              compared to the needle of a compass. When a molecule being                
              evaluated is placed in a strong magnetic field in an NMR                  
              instrument, the protons within that molecule orient                       
              themselves in equilibrium either in the same direction or in              
              the opposite direction of the magnetic field. A proton                    
              oriented in one direction is at a certain energy level that               
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