Interference No. 103,675
and appreciation at the time of synthesis of what was tested is a
substantial part of what Chen et al. were required to prove in order
to be declared the first inventors of the subject matter of the
counts.
We also have great difficulty in giving significant weight
to the evidence presented by Chen et al. which represents "re-plotted"
spectra obtained from data allegedly stored on magnetic tape at
Bristol-Myers Squibb and "re-plotted" on dates subsequent to Bouchard
et al.'s effective filing date. There has been no testimony proffered
by Chen et al. which establishes where the data tapes were kept, how
they were stored, who had access to the tapes or even what information
was actually saved on the tapes. Chen et al. have failed to provide
any evidence which establishes who "re-plotted" the data stored or
even how the "re-plots" were prepared. Thus, turning aside for the
moment the fact that the "re-plots" were made at a time subsequent to
Bouchard et al.'s effective filing date, we find the "re-plotted"
spectra lack adequate reliability to afford them substantial weight.
This fact is exacerbated by the fact that, in many instances, the
original plot has not been proffered by Chen et al.
Thus, virtually all Chen et al.'s "evidence" of an actual
reduction to practice relies on either Dr. Chen's uncorroborated
testimony or Dr. Chen's uncorroborated notebooks. The procedures by
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