Interference No. 103,586
count and denied with respect to the other requests.
No question of interference-in-fact or separate patentability has been raised.
Both parties filed briefs and appeared through counsel at final hearing. The
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Barbacid record consists of the declarations of coinventors: Drs. Manne and Barbacid
and corroborators: Drs. Fernandes, Kumar, Tobia, and Meyers; Messrs. Roberts and Egli;
and Misses Long and Cannon accompanied by exhibits 1-49. The Brown record consists
of the declarations of coinventors Drs. Brown, Goldstein, and Reiss and corroborators, Dr.
Casey and Mr. Falck and Misses McMurray, Chapman, Pokladnik, and Morgan,
accompanied by exhibits 1-46.
Brown are senior party, having been accorded benefit of the April 18, 1990 filing
date of their earlier filed U.S. application, Serial No. 07/510,706.
The issues presented for our consideration are as follows:
1. Has junior party Barbacid established an actual reduction to practice of the
subject matter of the count before senior party’s April 18, 1990 effective filing date?;
2. If the answer to 1., is yes, then has senior party Brown established an earlier
reduction to practice of the subject matter of the count?;
3. If the answer to 2., is no, then was Brown the first to conceive and last to reduce
The Barbacid record and exhibits will be referred to as BR and BX followed by3
the appropriate page/exhibit number. In a similar manner, Brown’s record and exhibits will
be referred to as AR and AX.
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