Appeal No. 97-1999
Application 07/390,745
declaration which refers to the attachments' information.
Declarants do conclude and argue in simultaneously filed
papers and their later briefs on appeal, that the attached
evidence supports a conclusion that Skolnick, Lewin, Marvizon,
Monn, and Rice conceived of and/or reduced to practice the
subject matter of the claims on appeal at least as early as
November 15, 1988 (Appeal Brief, p. 12). We fail to see how
the unclear and unexplained information displayed by the
papers supports declarants’ conclusion that applicants
conceived, synthesized and tested ACPC or its ethyl and methyl
esters for activity in treating neuropsycho-pharmacological
disorders by administration to a patient and/or conceived,
obtained and tested pharmaceutical compositions comprising
ACPC or its ethyl and methyl esters and a pharmaceutically
acceptable carrier thereof suitable for administration to a
patient for binding to the glycine site of the NMDA receptor,
at least as early as November 15, 1988.
While we might speculate as to the meaning of the attachments
and what they may or may not indicate, we find that
speculation is poor support for patentability and will not do
so. Accordingly, appellants have not rebutted our holding
that everything Nadler and Marvizon disclose prima facie is
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