CHILD et al. V. KOLAR et al. - Page 20




          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.                  
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