Interference No. 102,408
relating to an alleged actual reduction to practice of a
compound within the scope of the count is gleaned solely from
information obtained from the inventors. For example, Heiser
received his information relating to the alleged identity of
sample no. 12459B-47B from Ralph G. Child. See CR225-26, ¶ 4
(the chemist would provide Heiser with information identifying
the compound, including the structural formula of the
compound, its molecular formula and weight, the color of the
compound, the chemist's notebook and page number which
recorded the preparation of the compound, and the sample
spectrum number). Lang also received his information from the
inventors. See CR218-19, ¶¶ 2-4 (the inventors of the
involved Child application would prepare and submit monthly
reports to Lang that would be incorporated into a monthly
report for the Infectious and Neoplastic Disease Section). 26
To the extent that preparation of the compounds at issue
was part of an organized research program (CRB6), even the
26To the extent that this report could have been
circulated prior to the critical date, the report neither
bears a date of circulation nor any indication that it was in
fact circulated to and seen by anyone (CRB8-9). See In re
Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965)
(arguments in the brief do not take the place of evidence in
the record).
28
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