Interference No. 104,522 Paper1108
Nichols v. Tabakoff Page 20
43. The handwritten entries on Ex 2036, including compound identification name,
structure, molecular weight and molecular formula, were made by Dr. Nichols. The NIH
did not analyze sample 94A-85-1 for chemical structure or any other physical property.
[NR, p. 100, 1. 10 - p. 102,1. 23; pp. 220-22 1, interrogatory nos. 10-13.]
L analysis of evidence
Notebook Ex 2032, taken alone, is insufficient to establish that the predicted
reactions and theoretically expected products did in fact occur. While the proton NMR
data is not inconsistent with the chemical structure drawn by Dr. Nichols thereon (Ex
2034), the proton NMR data alone is insufficient to independently corroborate that
sample 94A-85-1 is in fact (NN-diethyl)-4-ureido-5,7-dichloro-2-carboxy-quinoline
methyl ester. No additional analytical data, e.g., carbon NMR, mass spectral data, etc.
have been offered for sample 94A-85-1. Moreover, even without considerations of the
missing/exchangeable 17 th proton and inconclusive methoxy peak, Mr. Ezell testified
that proton NMR data alone does not provide enough data to assign a chemical
structure to a compound. Further, the NIH did not determine the chemical structure or
any other physical property of sample 94A-85-1. Thus, none of Exs 2034, 2035 or 2036
(Ex A), alone or in combination, independently corroborate Nichols' alleged synthesis of
(NN-diethyl)-4-ureido-5,7-dichloro-2-carboxy-quinoline methyl ester. Finally, according
to Dr. Nichols, sample 94A-85-1 did not show anticonvulsant activity in NIH testing.8
8 In reply to Interrogatory No. 18, i.e., "According to your letter, Exhibit B, the substance tested [by
NIH], 94A-85-1 (ADD # 00234001). did not exhibit adequate anticonvulsant activity to warrant further
testing, is that right?", Mr. Stables replied, "No - only we were not interested in pursuing if (NR, p. 222).
Assuming without determining that sample 94AO85-1 exhibited de minimus anticonvulsant activity in some
unexplained test, Dr. Nichols did not appreciate that sample 94A-85-1 would work for its intended purpose
as shown by his notation "8/2/92 No NIH activity" (Ex 2032, third page).
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