CHILD et al. V. KOLAR et al. - Page 5




                 Interference No. 102,408                                                                                                               


                 recurring anionic unit of a polymeric compound selected from                                                                           
                 the group consisting of dextran sulfate, chondroitin sulfate,                                                                          
                 galactan sulfate, polyglutamic acid or polyitaconic acid.                                                                              
                          The claims of the parties which correspond to Count 1 are                                                                     
                 as follows (Paper No. 47):                                                                                                             
                          Child:  claims 2-12, 33 and 34                                                                                                
                          Kolar:            claim 1                                                                                                     
                          Both parties filed records and briefs, Child also filing                                                                      
                 a reply brief,  and both parties waived the opportunity to3                                                                                                             
                 present an oral argument at a final hearing (Paper No. 90).                                                                            
                          Child's brief raises the following issues (CB1):                                                                              
                          (1) Has junior party Child proven a reduction to                                                                              
                                   practice of the subject matter of the count prior to                                                                 
                                   August 30, 1985?4                                                                                                    
                          (2) Did junior party Child suppress, conceal or abandon                                                                       
                                   an actual reduction to practice of the invention of                                                                  
                                   the count within the meaning of 35 U.S.C.  102(g)?                                                                  
                          (3) Should the rebuttal testimony of senior party Kolar                                                                       
                                   be stricken as untimely filed?                                                                                       



                          3The Child brief, reply brief and record will be referred                                                                     
                 to throughout this decision as CB, CRB, and CR, respectively,                                                                          
                 followed by the appropriate page number.  Similarly, the Kolar                                                                         
                 brief will be referred to as KB followed by the appropriate                                                                            
                 page number.                                                                                                                           
                          4As discussed above, September 3, 1984, Kolar's effective                                                                     
                 filing date, is the critical date.                                                                                                     
                                                                           5                                                                            





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