Interference No. 102,408
See generally KB12-26.
At the outset, we note that junior party Child has failed
to identify which one of products "A", "B", "C", "D" or "E"
described on page 47 of notebook 12459B is the compound
referred to as "compound no. 1". See CR365. According to the
evidence relied on by Child, infrared analysis was performed
on sample no. 12459B-47B , elemental analyses were performed18
19 20
on sample nos. 12459B-47A and 12459B-47B, and sample no.
"285605 (12459B 47A)" was tested for anti-cancer activity.21
However, the testimony of inventors Child and Lin and non-
inventors James, Medwid, Scheidl, Lang, Heiser and Durr is
18As discussed above, for purposes of this final decision
we will presume that sample no. 12459B-47B refers to the
product labeled "B" in exhibit 1 attached to the Child
declaration, i.e. bright yellow crystals having a melting
point of 270-273E (CR365).
19As discussed above, for purposes of this final decision
we will presume that sample no. 12459B-47A refers to the
product labeled "A" in exhibit 1 attached to the Child
declaration, i.e. a beige solid having a melting point of 262E
(CR365).
20Both sample nos. 12459B-47A and 12459B-47B appear to
have the same empirical formula. Compare CR366 and CR368.
21To the extent that sample no. 285605 is the same
compound as CL 285605, as discussed above, CL 285605 was
assigned to sample no. 12459B-47B. See CR228; CR287, ¶ 7.
18
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