CHILD et al. V. KOLAR et al. - Page 16




          Interference No. 102,408                                                    


          declaration of Stanley A. Lang, the Head of the Chemistry                   
          Department of the Infectious and Neoplastic Disease Research                
          Section at Lederle from 1980-1990.  According to Lang, Yang-I               
          Lin, Ralph G. Child, Panayota Bitha and Joseph Hlavka, the                  
          inventors in the Child application involved in this                         
          interference, would prepare and submit monthly reports to Lang              
          (CR218, ¶ 2).  Lang would review these reports and use the                  
          information to prepare a monthly summary which would be                     
          integrated into a monthly report for the Infectious and                     
          Neoplastic Disease Section (CR218-19, ¶¶ 3-4).  The summary                 
          for August 1984 reads in part as follows (CR223):                           
               Chemistry (Bitha, Child, Hlavka, Lin, and Sliskovic)                   
               As a continuation of our work reported last month on                   
               the synthesis of 3,3-bisaminomethyloxetane platinum                    
               complexes, dichloro(3,3-bisaminomethyloxetane)                         
               platinum complex 1a reacted with a series of acids                     
               by the silver nitrate process to give the following                    
               complexes 1b-g.  The water soluble complex 1h (water                   
               solubility = 3.5 mg/ml) showed good activity over a                    
               wide dose range; i.e., T/C x 100 of 253 at 50 mg/kg                    
               and 136 at 3.1 mg/kg.                                                  
                               Issues (1), (6) and (7)                                
               Based on the record before us, junior party Child has                  
          failed to establish an actual reduction to practice of the                  
          subject matter of the count prior to September 3, 1984,                     
          Kolar's effective filing date.  An actual reduction to                      
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