Interference No. 103,352
USPQ 2d 1895, 1899 (Fed. Cir. 1996); De Solms v. Schoenwald, 15
USPQ 2d 1507, 1509 (BPAI 1990); Blicke v. Treves, 112 USPQ 472,
475 (CCPA 1957). With regard to such testing, Perez-Soler
testified as to results of tests reported in his lab notebook
(KX-8). Specifically, page 24 of the notebook refers to
"Experiment 85-5," which is said to have been performed by Perez-
Soler and to show anticancer activity exhibited by compounds
within the scope of the count. There is no testimony of record,
other than that of the inventors themselves, to corroborate these
results.
The total lack of corroboration of the testing purportedly
conducted by co-inventor Perez-Soler is dispositive of the issue
of priority even if we assume, arguendo, that other evidence
relied upon by Khokhar were sufficient to corroborate synthesis
of at least one compound within the scope of the count prior to
March 6, 1985.
For all of the foregoing reasons, we find that Khokhar has
failed to establish a prior actual reduction to practice of the
invention at issue due to a lack of adequate corroboration.
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