Patent Interference No. 103,812
Wilson was said to have determined the molecular weights of the polymerization products on or
about February 11, 1994. We examine the evidence relied on by Rosenquist more fully below.
III.
According to junior party Rosenquist's testimony, Mr. McDurmon synthesized a "UV-
acid from T840" during the period from October 11 through October 14, 1993. The experiment
is described on pages 58 and 59 of Mr. McDurmon's laboratory notebook no. 5249 and was
performed at the direction of Dr. Rosenquist. See RX 14; RR, pp. 15-17, paragraphs 6-8.
In his declaration, Mr. McDurmon characterizes the experiment described on page 58 of
his laboratory notebook no. 5249 as a hydrolysis of "T-840." See RR, p. 16, paragraph 7.
"T-840" is said to be a shorthand notation for Tinuvin 840, a light stabilizer for polymers. See
RR, pp. 2-3, paragraph 4; RR, p. 16, paragraph 7; RX 4 and RX 5. Mr. McDurmon obtained
T-840 from a commercial container labeled "Tinuvin 840" and reacted it with potassium
hydroxide in methanol under moderate heat. The reaction was conducted for approximately
forty-eight hours. Thereafter, the reaction product was diluted with methanol and further reacted
with hydrochloric acid. The resulting product precipitate was washed with methanol, then
washed with deionized water and finally dried to a powder. The dried powder was placed in a
container labeled "5249-58" and given to Dr. Rosenquist. See RR, p. 16, paragraph 7.
Significantly, the record is devoid of any evidence that testing was conducted to identify the
structure of the "5249-58" product.
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