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Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 24
Ill." No additional analytical data, e.g., NMR, mass spectral data, etc. have been
offered for sample 94B-27-1. Further, the NIH did not determine the chemical structure
or any other physical property of sample 94B-27-1. Thus, none of Exs 2035, 2037 (Ex
C), 2059 or D, alone or in combination, independently corroborate Nichols' alleged
synthesis of (NN-diethyl)-4-ureido-5,7-dichloro-2-carboxy-quinoline ethyl ester.
Moreover, neither Exs 2059 or D, alone or in combination, are sufficient to show that
sample 94B-27-1 would work for its intended purpose, especially given that the TTE test
is "new" and neither the test procedure nor the significance of its results have been
explained.
Therefore, Nichols fails to meet its burden of proving that the July 1, 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.
d. the July 13, 1994 synthesis
54. Dr. Nichols testified that
[o]n July 13, 1994, ... I 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 diphenylamine [NH(diphenyl)21 to attach
the secondary amine [NJ to the carbonyl group [CO]. Previously filed as
Exhibit 2024 are copies of pages 94B-25 and 94B-32 from my Lab Book
documenting this experiment. I labeled a sample from this experiment
94B-32-111.
I sent a sample of 94B-32-1 11 for mass spectral analysis. On August 10,
1994, a fast atom bombardment (FAB) mass spectrum was performed in
the Analytical Chemistry Center of the University of Texas Medical School
in Houston on 94B-32-111. A copy of a spectrum data sheet generated
from the FAB spectrum of 94B-32-111 and the declaration of William E.
Seifert, Assistant Director of the Analytical Chemistry Center in August
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