CHEN et al. v BOUCHARD et al. - Page 127



          Interference No. 103,675                                                      

              compound.                                                                 

    Thus, while NMR is capable of verifying a proposed structure, except                
    for uncomplicated compounds such as benzene, for example, which has                 
    six equivalent protons (hydrogens) and presents a single,                           
    characteristic peak for its NMR spectrum, NMR spectra can be complex                
    because of the effects the various neighboring atoms and their                      
    substituents have on the protons attached to specific carbon atoms and              
    are subject to interpretation. The testimony of Drs. Nicolaou and                   
    Parker and the testimony of Drs. Kingston (CR 1823, lines 15 through                
    24; CR 1825, lines 1 through 10), Kant (CR 2169) and Kadow (CR 40, 41)              
    and the testimony of Ms. Huang (CR 664-665, 674) and others confirms                
    that without other physical data characteristic of the unknown                      
    compound or without an NMR spectrum for a known sample of what the                  
    unknown compound is believed to be, NMR spectra are subject to                      
    interpretation and are not, necessarily definitive as to the structure              
    of an unknown.                                                                      
              More significantly, the Chen et al. record does not include               
    any definitive evidence which establishes exactly what material was                 
    subjected to NMR spectroscopy. Thus, we are left to conjecture whether              
    or not pure compounds were tested or mixtures of compounds including                
    starting materials and various products were tested. Identification                 
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