Interference No. 102,408
47B and 12459B-47A were even analyzed for carbon, hydrogen and
nitrogen prior to the critical date (KB17). Compare CR191, ¶
13; CR192 (sample nos. 12459B-47B and 12459B-47B were analyzed
for platinum and chlorine prior to June 9, 1984).
2. Recognition of utility
The evidence relied on by junior party Child, i.e., the
declarations of Ralph G. Child (CR354-64), Durr (CR285-89) and
Lang (CR218-20), further fails to establish that a compound
within the scope of the count was known to have utility as an
anti-cancer agent prior to September 3, 1984. See generally
KB20-26.
According to Durr, one of the tests which was used at
Lederle to identify anti-cancer activity was the “P 388 test”
(CR285-86, ¶ 2). A copy of the protocol for the P 388 test is
said to be attached to the Durr declaration as Exhibit A
(CR286, ¶ 2; CR290-91). Compound "285605 (12459B 47A)" was
said to have been tested for anti-cancer activity using the P
388 test. See CR287, ¶ 7; CR292.
We find that the identity of compound "285605 (12459B
47A)" has not been established. Namely, it is unclear on this
record whether the notation "285605 (12459B 47A)" refers to
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