Interference No. 104,522 PaperIO8
Nichols v. Tabakoff Page 27
Paper 107, p. 12,11. 6-22). Nichols stated that the lab notebook (Ex 2024) "obviously is
not proof of that that [94B-32-111] was synthesized" (id., p. 13,11. 1-6). Nichols further
stated that "...what Dr. Seifert testified was that the [diphenyl] structure that was
[subsequently] drawn [by Dr. Nichols] on the sheet was consistent with the mass
spectral data. So it's indicative that that product was actually synthesized" (id., p. 14, 11.
6-19). However, when it was put to Nichols that "what he [Dr. Seifert] said was that the
mass spec data was consistent with the structure or that the structure was not
inconsistent with the data. But he did not say that spectra [sic] is that structure" (Ld., p.
14,1. 20 - p. 15,1. 2), Nichols replied "That's correct. But he did say that there's only so
many structures that it could be" (Ld., p. 15,11. 3-5) (see also id., p. 18,11. 7-19). When
asked if Dr. Seifert gave any indication of about how many possible structures there
were, Nichols replied "[w]hat they were specifically talking about was one other
possibility. They did not go into questioning how may possibilities there were." (id,, p.
15,1. 6 - p. 16, 1. 3). As to that at least one other structure, Nichols stated that it would
be-outside the interference count (id., 16, 1. 7 - p. 17, 1. 10). Finally, Nichols stated that
the NIH submission Exs 2040 and E (Ex 2035) "showed that at the time it [94B-32-111]
was submitted to NIH, Dr. Nichols did believe that that was what the structure was. And
that was based on the mass spectral data" (Ld., p. 17,1. 13 - p. 18,1. 6).
63. Mr. Stables testified that
...Exhibit E is a copy of an Antiepileptic Drug Development (ADD)
Registration Record (2 pages) that was received from Dr. A] Nichols and
processed by NIH on August 30, 1994. The ADD Registration Record is
for the compound identified as 94B-32-1 11 by Dr. Nichols and assigned
identification number ADD 236075 by NIH. The ADD Registration Record
includes a structural drawing of the compound as provided by Dr. Nichols.
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