ROSENQUIST v. SCHOLL et al - Page 12




               Patent Interference No. 103,812                                                                                  

               Rosenquist attached these pages from Mr. Butler's notebook to page 304 of his own laboratory                     
               notebook.  See RX 6; RR, p. 7, paragraph 9.                                                                      
                      Dr. Rosenquist further testified that on about February 11, 1994, the molecular weights of                
               the three polycarbonate specimens were measured by GPC (gel permeation chromatography).                          
               See RR, p. 8, paragraph 10.  According to page 305 of Dr. Rosenquist's notebook, Dr.                             
               Rosenquist obtained the molecular weight data from Jim Wilson.  See RX 6.  However, Mr.                          
               Wilson was unable to locate that data in the electronic records where data of that type is usually               
               stored.  See RR, p. 44, paragraph 5.                                                                             
                      In any event, according to Dr. Rosenquist, he received the "MW" and "MN"                                  
               measurements for the three specimens and made the necessary calculations on February 11,                         
               1994.  The results, including "Target MW," were recorded on page 305 of Dr. Rosenquist's                         
               notebook.  The molecular weights ("MW") reported for the three specimens were 32,300, 25,900                     
               and 21,700, respectively.  See RR, p. 8, paragraph 10; fifth page of RX 6.                                       
                      In his declaration, Dr. Rosenquist explains that (RR, p. 8, paragraph 10):                                
                      [The data reported on page 305 of Dr. Rosenquist’s laboratory notebook (RX 6)]                            
                      shows that the product 5249-58 is indeed functioning as a monofunctional                                  
                      endcapping agent to control polymer molecular weight, producing essentially the                           
                      same polymerization control as the same proportion of standard phenol                                     
                      endcapping agent.                                                                                         
                      Significantly, there is no direct evidence that the ester linkage required by the count was               
               formed in any one of the three interfacial polycarbonate polymerizations performed by Mr.                        
               Butler from February 8 through February 10, 1994.  See Rosenquist patent claim 1.                                



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