Interference No. 104,522 Paperl08
Nichols v. Tabakoff Page 22
46, The second page of Ex 2022 ("94A-27") contains a drawing of (NN-diethyl)-4
ureido-5,7-dichloro-2-carboxy-quinoline ethyl ester) labeled as "23-111" and an elemental
analysis entry for sample 23-111 having several crossed out columns and one column
labeled "found." Dr. Nichols testified that he recorded the elemental values from the
company that did the elemental analysis on sample 23-111 and that he himself did not
perform the analysis (NR, p. 109,1. 7 - p. I 10, 1. 12). No copy of the elemental analysis
report (authenticated or not) of sample "85-l" is of record.
47. Mr. Stables testified that
...Exhibit C 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 August 1, 1994. The ADD Registration Record is for
the compound identified as 9413-27-1 by Dr. Nichols and assigned
identification number ADD 236001 by NIH. The ADD Registration Record
includes a structural drawing of the compound as provided by Dr. Nichols.
[Ex 2035, T 5.]
Exhibit C appears identical to Exhibit 2037.
48. The handwritten entries on Ex 2037, including compound identification name,
structure, molecular weight and molecular formula, were made by Dr. Nichols. The NIH
did not analyze sample 9413-27-1 for chemical structure or any other physical property.
[NR, p. 113,11. 9-14; pp. 223-224, interrogatory nos. 21-23.]
49. Mr. Stables also testified that he sent Dr. Nichols a letter dated September 2,
1994 in reference to ADD 236001, a copy of which is Exhibit D (Ex 2035, T 6). In that
letter (Ex D), Mr. Stables indicated that a TTE test was being implemented at the NIH in
hopes of finding compounds which are significantly active in the "new" TTE test but
devoid of activity in the "traditional" MES test to see if such compounds may represent
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