Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 17
After receiving the NIVIR results for sample 94A-85-1, I sent a sample of
94A-85-1 to the National Institutes of Health (NIH) for anticonvulsant
testing. A copy of the N I H registration record and the declaration of
James P. Stables, an official of NIH confirming receipt and registration of
sample 94A-85-1, are attached as Exhibit 2036 and Exhibit 2035,
respectively. The NIH registration record for sample 94A-85-1 (Exhibit
2036) includes the date the compound was shipped to NIH (May 13,
1994) and processed by NIH (June 1, 1994) and the chemical structure of
the 4-diethyl urea derivative.
[NR, pp. 30-31, ýj 28-30.]
25. Notebook Ex 2032 is a three page document that has no notebook identifying
number, is improperly dated (year missing), is not signed and is not witnessed.
26. The third page of Ex 2032 ("94A-85") contains an elemental analysis entry for
sample "85-1" (apparently dated "5/6") having two columns labeled "expected" and
"found" and including the comment "elemental analysis off but ratios are close." Dr.
Nichols testified that the elemental analysis was done by somebody else (NR, p. 97, 11.
1-10). No copy of the elemental analysis report (authenticated or not) of sample "85-1"
is of record.
27. The third page of Ex 2032 (apparently dated "5/13") also contains an entry
reading "proton NMR hit - soluble in H20 & not soluble in acetone - probably sulfate
salt (MW = 468)."
28. Edward L. Ezell testified that he performed a proton NMR on a sample
designated 94A-85-1 provided by Dr. Nichols (NR, p. 176, 14; p. 185,11. 18-25).'
6 Citations to the testimony of Edward L. Ezell are to Nichols Record (NR) pages, rather than to
an exhibit number because Nichols did not submit a copy of the November 19, 2001 deposition of Mr.
Ezell as a separate exhibit. We note that NR p. 176 corresponds to Ex 2033 (Declaration of Edward L.
Ezell).
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