Interference No. 102,408
B. Compound nos. 2-7
The evidence relied on by junior party Child further
fails to establish that any one of compound nos. 2-7, also
alleged to fall within the scope of the count, was actually
reduced to practice prior to the critical date. As discussed
above, compound no. 1 was used to prepare each one of compound
nos. 2-7. See KB10; CR370; CR375; CR379; CR384; CR391; CR393;
see also CR223 ("platinum complex 1a reacted with a series of
acids by the silver nitrate process to give the following
complexes 1b-g"). Having failed to establish, by a
preponderance of the evidence, that compound no. 1 was
actually reduced to practice prior to the critical date,
junior party Child has likewise failed to establish an actual
reduction to practice of any one of compound nos. 2-7 prior to
the critical date.
C. Conclusion
For the reasons set forth above, the evidence relied on
by junior party Child fails to establish, by a preponderance
of the evidence, that a compound within the scope of the count
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