Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 28
[Ex 2035, ý 7.]
Exhibit E appears identical to Exhibit 2040.
64. The handwritten entries on Ex 2040, including compound identification number,
structure, molecular weight and molecular formula, were not made by Mr. Stables. The
NIH did not analyze sample 9413-32-111 for chemical structure or any other physical
property. [NR, pp. 226-227, interrogatory nos. 31-33.]
65. Mr. Stables further testified that "... Exhibit F is a copy of a letter dated October
13, 1994 to Dr. A] Nichols from NIH and signed by me in reference to ... ADD 236075"
(Ex 2035, 18).
66. Mr. Stables still further testified that ADD 236075, i.e., compound 9413-32-111, did
not exhibit adequate anticonvulsant activity to warrant further testing (NR, p. 228,
interrogatory no. 38).
67. Dr. Nichols testified that he sent 10 mg of 94B-32-1 11 to Dr. Snell on August 12,
1994 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 9413-32-111 by Dr. Snell is of record."
L analysis of evidence
Notebook Ex 2024, taken alone, is insufficient to establish that the predicted
reactions and theoretically expected products did in fact occur. Further, as testified by
11 According to e-mail Ex 2026, sent almost two years later, Dr. Snell asked Dr. Nichols for any
copies of VIES, PTZ and toxicity data that he might have for the ethyl ester form of compound 9413-80-1 or
95A-1-11, which ethyl ester form was termed "9413-32-111." Assuming without determining that sample 9413
32-111 is the ethyl ester form of a compound with a later identifying label, Ex 2026 neither acknowledges
receipt of sample 9413-32-111 by Dr. Snell on August 12, 1994 nor sheds any light on any "pharmacological"
testing he might have performed on the purported August 12, 1994 sample.
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