Appeal No. 97-1999
Application 07/390,745
explain why Marvizon may not be considered prior art under §
102(a).
A Declaration under 37 CFR § 1.131 by Skolnick, Lewin,
Marvizon, Monn, and Rice filed on March 20, 1995 (Paper No.
31) reads on page 2, paragraphs 3 and 4, thereof:
3. At least as early as November 15, 1988, ethyl
and methyl esters of ACPC were conceived, synthesized and
tested for activity by three of us, Phil Skolnick, James
Monn, and Kenner Rice, prior to publication of the
Marvisón [sic, Marvizón], et al., and Nadler, et al.
publications, as demonstrated by Attachment A.
Attachment A are notebook pages, from the laboratory manual
of Barrington Jackson, a student who conducted research
in Dr. Skolnick’s laboratory at his direction and under his
supervision, with dates marked out.
4. At least as early as November 15, 1988, ACPC had
been conceived, obtained and tested for binding to the
glycine site of the NMDA receptor, by Phil Skolnick,
Anita Lewin, and Juan-Carlos Marvizon, as demonstrated by
Attachment B. Attachment B are pages from the laboratory
manual of Dr. Marvisón [sic, Marvizón], with the dates
marked out.
The declarants support the above statements with Attachments A
and B which appear to be copies of laboratory notebook pages
and a computer-originated data sheet. The purpose, content,
and meaning of the information in the attached laboratory
notebook pages and data sheets are unclear from the attached
papers themselves. Moreover, the declarants proffer no
further explanation of that information in the text of the
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