IND applications, the language of his counterclaims belles that assertion. In his countercomplaint, Dr. Burzynski asserted 38. United Stara, Cox, 342 Fld at 171. 39. See Rutherford American Medical Associa- tion. 379 F.2d 641 th ar.1967), art. denied 389 US. 1043. 89 S.Ct. 787, 19 LF_d1d 835 (1968