Interference 102,413 Page 25
Pitha v. Muller
testosterone. The experiment took place no later than
September 9, 1982, which is the date indicated on PX-24-45.
The count requires an intrinsically amorphous mixture of
cyclodextrin derivatives which are water soluble and capable
of forming inclusion complexes with drugs in water. The
product C-70 was not described in terms of it’s amorphous
nature. Pitha did not direct us to testimony which
establishes (1) the amorphous properties of this product or
(2)that the product contained more than one cyclodextrin
derivative. In fact, page C-70, PX-23-82, does not describe
the substance formed. 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 described on page C-70 to
establish an actual reduction to practice of an embodiment
within the scope of the count.
4. The Research of Dr. Lajos Szente.
PX-19 is a reproduction of the laboratory notebook of
Dr. Lajos Szente. According to the first page of the notebook
(PX-19-001), the entries in the notebook occurred between the
dates of May 15, 1981 to December 28, 1981. These experiments
all occurred no later than December 21, 1983, Muller’s
accorded benefit date.
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