Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 23
substances acting by different mechanisms of action.
50. Dr. Nichols testified that a test report accompanied the September 2, 1994 letter
(Ex D) (NR, p. 111, 11. 7-19), which report has been identified as Ex 2059.
51. The NIH test report Ex 2059 is a two page document containing MIES and TTE
test data for ADD 236001, respectively. The MIES data page has a handwritten entry
"94B-27-l." The TTE data page has a handwritten circle drawn around the column
under 2 hours and a handwritten chemical structure labeled 94B-27-1 at the bottom.
52. The handwritten entries on Ex 2059 were made by Dr. Nichols (NR, p. 112,
1. 11 - p. 113,1. 8).
53. Neither test procedure, i.e., MES or TTE, nor its test results has been explained.
At best, Mr. Stables indicated in the September 2, 1994 letter (Ex D) that although ADD
236001 was active at 2 hours in the TTE test, the activity was not potent enough to
warrant further study.
Dr. Nichols stated that he sent 100 mg of sample 94121-27-1 to Dr. Snell for
..pharmacological" testing. However, Nichols has not pointed to, and we do not find,
where evidence of the exact nature and results of such "pharmacological" testing of
sample 9413-27-1 by Dr. Snell is of record.
L analysis of evidence
Notebook Ex 2022, taken alone, is insufficient to establish that the predicted
reactions and theoretically expected products did in fact occur. It appears that an
intervening page, i.e., 9413-23, should have been included in Ex 2022 given the
reference to page 23 on the second page of Ex 2022 and the reference to sample "23-
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