Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 21
Therefore, Nichols fails to meet its burden of proving that the May 3, 1994
experiment resulted in an actual reduction to practice of an embodiment within the
scope of the Count, i.e., that the theoretically expected product was obtained and would
work for its intended purpose.
c. . the July 1, 1994 synthesis
44. Dr. Nichols testified that
[ojn July 1, 1994, 1 ... utilized triphosgene 1CO(OCCl3)21 to attach the
carbonyl group [CO] to the 4-amino group of 4-tosylamino-5,7-dichloro-2
carboxy-quinoline ethyl ester and diethylamine [NH(ethyl)21 to attach the
secondary amine [N] to the carbonyl group [CO). Previously filed as
Exhibit 2022 are copies of pages 94B-20 and 94B-27 from my Lab Book
documenting this experiment. I labeled a sample from this experiment
94B-27-1.
On July 22, 1994, 1 sent 100 mg of 94B-27-1 ((NN-diethyl)-4-ureido-5,7
dichloro-2-carboxy-quinoline ethyl ester) to Snell for pharmacological
testing and 300 mg to NIH (NIH # 236001) for anticonvulsant testing (see
page 94B-27-1 from Exhibit 2022). A copy of the NIH registration record
for sample 94B-27-1 is attached as Exhibit 2037 to the declaration of
James P. Stables (Exhibit 2035). The NIH registration record for sample
94B-27-1 (Exhibit 2037) includes the date the compound was shipped to
NIH (July 22, 1994) and processed by NIH (August 1, 1994) and the
chemical structure of the 4-diethyl urea derivative. Previously filed as
Exhibit 2023 are test results from NIH dated August 31, 1994 for sample
94B-27-1.
[NR, p. 32, tT 34-35.] [See also NR, p. 14, ýT 43-44.]
45. Notebook Ex 2022 is a two page document which contains no readable page
number on the first page. About three-quarters down the first page appears "7/5" with
no year given. The last entry on the first page is "did reaction go??". The top of the
second page is numbered "027", dated 7/15/94," and contains the entry "from page
23". Neither page is signed nor witnessed. Page 94A-23 is not of record.
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