Interference 102,413 Page 23
Pitha v. Muller
personal knowledge of the properties products produced in
experiments W-14 and W-17 at the time of their production.
Pitha argues the literature confirms the intrinsically
amorphous nature of HPBCD and PBCD. Specifically, Pitha cites
exhibits PX-41 published September 1985, PX-54 published
February 1986 and MCX-4 published October 1987. These 38
exhibits were all published after April 25, 1984, which is
after the accorded benefit date of Pitha. Consequently, the
articles are not available to establish Pitha’s appreciation
of the properties of HPBCD and PBCD as of the time the
experiments were performed.
For the above reasons, and because proof of the existence
of a physical embodiment within the scope of the count has not
been shown, we cannot rely on the experimental evidentiary
data which includes the products described in Dr. Ciesielski’s
laboratory notebook, PX-27, as evidence of an actual reduction
to practice. This includes Dr. Czajkowska experiments C-160,
C-161, C-162, C-166, C-170, C-171, C-172, C-173, C-174, C-207,
C-231, C-250, C-252, C-253, C-254, C-256, C-258, C-259, C-260,
38PB page 14, lines 8-19, page 15, lines 23-25 and page
16, lines 17-21.
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