Interference No. 102,408 produced prior to the critical date. As discussed above, to establish an actual reduction to practice, junior party Child must prove, inter alia, (1) that a compound satisfying the limitations of the count was produced prior to the critical date and (2) that the inventors had contemporaneous appreciation of the compound produced. Estee Lauder, 129 F.3d at 592, 44 USPQ2d at 1613; Cooper v. Goldfarb, 154 F.3d 1321, 1331, 47 USPQ2d 1896, 1904 (Fed. Cir. 1998). According to John C. James (CR4, ¶ 10): I have reviewed each of Exhibits O-R and T-V [(CR20-23 and 25-27)] to compare the structural formula which is written on each Exhibit with the infrared absorption curve and confirm that the infrared curve for each structural formula is consistent with each structural formula. However, James' conclusions that the curves are "consistent with" the structural formula provided on the spectroscopy request card alone fail to "confirm" that a compound satisfying the limitations of the count was produced (KB15; KB20). See In re Brandstadter, 484 F.2d 1395, 1406, 179 USPQ 286, 294 (CCPA 1973) ("the affidavits fail in their purpose since they recite conclusions and few facts to buttress said conclusions"); see also Rohm and Haas Co. v. 20Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 3, 2007