Interference No, 104,522 Paper108
Nichols v. Tabakoff Page 13
14. Dr. Alfred C. Nichols admitted that he alone did all the syntheses recorded in his
laboratory notebooks (NR, P. 63, 11. 12-16).4
15. According to Dr. Nichols, "[t]he labels I apply to samples correspond to particular
samples from particular pages from my Lab Books. Thus, sample 94A-13-111
corresponds to sample I I I from page 13 of my Lab Book No. 94A." (NR, p. 28, 120).
a. the April 11, 1994 synthesis
16. Dr. Nichols testified that
[o]n April 11, 1994, ... I utilized triphosgene 1CO(OCCU21 to attach the
carbony] group [CO] to the 4-amino group of 4-amino-5,7-dichloro-2
carboxy-quinoline methyl ester and diethylamine [NH(ethyl)21 to attach the
secondary amine [NJ to the carbonyl group [CO]. Attached as Exhibit
2030 are copies of pages 94A-63 and 94A-64 from my Lab Book
documenting this experiment, which also documents the expected product
having a 4-diethyl urea substitution. I labeled a sample from this
experiment 94A-64-11 and had a nuclear magnetic resonance (NMR)
spectrum performed on this sample. NMR spectra are used to identify
chemical structures. A copy of the spectrum data sheet generated from
the NMR spectrum of sample 94A-64-11 is attached as Exhibit 2031. The
NMR spectral data indicates that the expected product having a 4-diethyl
urea substitution ((NN-diethyl)-4-ureido-5,7-dichloro-2-carboxy-quinoline
methyl ester) was successfully produced. I do not know the exact date
that the NMR spectrum was performed; however, page 94A-64 of my Lab
Book (Exhibit 2030) includes an entry dated April 28, 1994 relative to the
NMR spectrum. [NR, p. 30, 127.]
4 Citations to the testimony of Dr. Nichols are to Nichols Record ("NRO) pages, rather than to an
exhibit number because Nichols did not submit a complete copy of the November 20, 2001 Deposition of
Affred C. Nichols, Ph.D., as an exhibit. We note that (a) NR pp. 5-16 correspond to Exhibit 2012, pp. 1
12, (b) NR pp. 17-24 correspond to Exhibit 2028, pp. 1-8, (c) NR, pp. 25-37 correspond to Exhibit 2029,
%11-61 on unnumbered pp. 1-13, and (d) NR pp. 38, 104, and 105 correspond to Exhibit 1012, a three
page document numbered as pp. 1, 67 and 68. Exhibit 2073 is an unsigned, undated thirteen page
document titled "Declaration of Alfred C. Nichols" which is identified at NR, p. viii as a draft of NichoIS11d
Declaration (related to Exhibit 2029).
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