Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 19
37. Mr. Ezell further testified that proton NMR spectrum, by itself, does not provide
enough data to assign a chemical structure to a compound, i.e., additional analytical
data was needed (NR, p. 208,11. 13-21).
38. The third page of Ex 2032 (apparently dated "5/18") contains an entry reading
got good carbon NMR." No copy of the noted carbon NMR (authenticated or not) is of
record.
39. The last line of the third page of Ex 2032 is illegible.
40. Dr. Nichols testified that the last line reads "8/2/92 No NIH activity." Dr. Nichols
further testified that the date is a mistake, i.e., it should have been "8/2/94." [NR, p. 98,
1. 8 - p. 99,1. 16.]
41. Although there is no apparent notation in Ex 2032 documenting sending 250 mg
of sample 94A-85-1 to NIH for testing, Dr. Nichols testified that such a sample was sent
on May 13, 1994 (NR, p. 31, T 30).
42. James P. Stables, Program Director for the NIH Anticonvulsant Project, testified
Exhibit A is a copy of an Antiepileptic Drug Development (ADD)
Registration Record (2 pages) that was received from Dr. Al Nichols and
processed by NIH on June 1, 1994. The ADD Registration Record is for
the compound identified as 94A-85-1 by Dr. Nichols and assigned
identification number ADD 234001 by NIK The ADD Registration Record
includes a structural drawing of the compound as provided by Dr. Nichols.
[Ex 2035, 1% 2-3].'
Exhibit A appears identical to Ex 2036.
7 Citation to the direct testimony of Mr. James P. Stables are to Ex 2035 since various exhibits
referred to by Mr. Stables are attached thereto. However, citations to cross-examination of Mr. Stables
are to Nichols Record ("NR") pages because Nichols did not submit the "Cross-Examination
Interrogatories to James P. Stables" as a separate exhibit. We note that NIR pp. 214-216 correspond to
Ex 2035 sans attached exhibits.
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