Interference No. 104,522 PapeF108
Nichols v. Tabakoff Page 14
17. Notebook Ex 2030 is a two page document that has no notebook identifying
number, is improperly dated (year missing), is not signed and is not witnessed.'
18. Approximately two-thirds down page 94A-64, Ex 2030 reads "4/28 - NMR; not
pure - see too many aromatic carbons - but looks like product is there" (original
emphasis).
19. NMR scan Ex 2031 contains the following printout: "94A-64-11; 13C.APY."
20. Ex 2031 has not been authenticated. Neither the test procedure nor the test
result shown by the spectral data has been explained.
21. At his deposition, Dr. Nichols backpedaled from his position that Ex 2031
indicated successful production of the theoretically expected product, i.e.,
A. No, I didn't run the NMR, no.
Q. Okay. Do you understand what it shows?
A. To some degree. Ed helped me interpret it, but I was able to see the ethyl
peaks. And that showed that at least the diethylamine had been coupled to the
quinoline.
Q. But you couldn't tell where the coupling took place; right?
A. There was only one place that it could occur.
Q. But you couldn't tell that from the spectrum?
A. You can't tell that from any NIVIR spectra unless you go into much more
sophisticated NIVIR spectroscopy.
[NR, p. 85,1. 16 - p. 86,1. 9.1
22. Several handwritten notations also appear on Ex 2031, including "have 2 things
at least"and 11 quats need only 6."
23. During cross-examination, Dr. Nichols further testified:
Q. ... there's a handwritten note: Have 11 things at least. Do you see that?
5 To the extent that one or more of Exs 2017-2022, 2024, 2030, 2032, 2041-2047, 2049, 2052
and 2072 do not have a laboratory notebook identifying number on each page thereof, we note that Dr.
Nichols brought his laboratory notebooks to his November 20, 2001 deposition, thereby affording Tabakoff
the opportunity to examine the original notebooks for identifying numbers (NR, p. 49, 1. 21 - p. 50,1. 6).
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