Interference No- 104,522 Paper108
Nichols v. Tabakoff Page 26
59. Mass spectrum Ex 2039 is a two page document consisting of a fax cover sheet
and a FAB mass spectral data sheet, listed as pages 001 and 003 in the top fax
transmission line, respectively. The fax purports to be a five page document." Dr.
Seifert does not know where the presumed other three fax pages are or what they
contained (NR, p. 259,1, 2 - p. 260J. 3).
60. The second page of Ex 2039 contains three hand-written notations. Dr. Seifert
testified that two (i.e., the "[M+H]" note above the "mass 480.1 " and the arrow going
from the peak at 480.1 to the peak at 44.2 with the designation minus HCI) were made
by him when he analyzed the spectrum in 1994 (NR, p. 256,11. 2- 22). Dr. Seifert
presumed that Dr. Nichols added the third notation, a chemical structure, to the top of
the data sheet after Seifert had made his notations (NR, p. 256, 1. 23 - p. 257, 1, 11).
61. According to Dr. Seifert, while FAB mass spectra are used to help identify
chemical structures (NR, p. 241, % 4), FAB mass spectra by themselves do not identify
chemical structure (NR, p. 257,11. 12-14). For example, the same FAB mass spectrum
would be obtained from the chemical structure written on Ex 2039 as from a chemical
structure in which the ethyl group and the diphenylimino group were reversed (NR, p.
257,11. 15-22).
62. Nichols was asked at final hearing which one or more of Dr. Nichols'lab
notebook, the FAB mass spectral data of 94B-32-111 or submission reports of 94B-32-111
to Mr. Stables established the actual, not theoretical, structure of 94B-32-111 (Transcript,
10 Exhibit 2060 is purportedly Dr. Nichols' copy of the Seifert fax (Ex 2039). Fax Ex 2060 is a four
page document with pages 001, 003, 004 and 005 indicated in the top fax transmission lines of each
page. Dr. Nichols does not have the missing page (NR p. 117, 1. 1 - p. 118,1. 5). It does not appear as if
Dr. Seifert was shown Ex 2060, e.g., to authenticate Ex 2060 or to refresh his memory of Ex 2039.
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