Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 25
1994, are attached as Exhibit 2039 and Exhibit 2038, respectively. The
mass spectral data indicates that the expected product having a 4
diphenyl urea substitution ((NN-diphenyl)-4-ureido-5,7-dichloro-2
carboxy-quinoline ethyl ester) was successfully produced.
On August 12, 1994, 1 sent 10 mg of 94B-32-111 ((NN-diphenyl)-4-ureido
5,7-dichloro-2-carboxy-quinoline ethyl ester) to Snell for pharmacological
testing and 280 mg to NIH (NIH # 236075) for anticonvulsant testing (see
page 94B-32 from Exhibit 2024). Snell references this compound in his
email addressed to me dated July 10, 1996, previously filed as Exhibit
2026. A copy of the NIH registration record for sample 94B-32-111 is
attached as Exhibit 2040 to the declaration of James P. Stables (Exhibit
2035). The NIH registration record for sample 94B-32-111 (Exhibit 2040)
includes the date the compound was shipped to NIH (August 12, 1994)
and processed by NIH (August 30, 1994) and the chemical structure of
the 4-diphenyl urea derivative.
[NR, p. 33, T7 36-38.] [See also NR, p. 14, 1145-46.]
55. Notebook Ex 2024 is a two page document that has no notebook identifying
number on either page, is improperly dated (year missing), is not signed and is not
witnessed.
56. The second page of Ex 2024 contains an entry, reading in relevant part, "8/4
have NMR that seems to fit ...8/12 mass spectrum: 479 & 481 got great mass
spectrum." No copy of the NMR spectral data (authenticated or not) referred to in Ex
2024 is of record.
57. William E. Seifert, Jr., Ph.D., testified that he performed a FAB mass spectrum
on a sample designated 94B-32-111 provided by Dr. Nichols (NR, p. 241, 14).9
58. The FAB mass spectral data obtained for 94B-32-111 is shown in Ex 2039.
9 Citations to the testimony of Dr. Seifert are to Nichols Record (NR) pages because Nichols did
not submit a copy of the November 19, 2001 Oral Deposition of Dr. Seifert as an exhibit. We note that NR
p. 241 corresponds to Ex 2038.
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