Interference No. 103378
designated with Abbott A-code number5 A-79935. (BR-149, ¶ 13, Laboratory
notebook # 39005, p.111). A-79935 was subjected to NMR testing, #164600 on
November 14, 1990. (BR 440-49, BX-31). Rodriques stated that the NMR
showed a 45:55 ratio of diastereomers in this preparation. (BR 149, ¶ 13, BR
181, BX15). Dr. Steinman is said to corroborate Rodriques’ testimony. (BB 8).
Dr. Bell testified that he supervised the testing of the cyclobutyl N-hydroxyurea
and hydroxamic acid compounds described in the involved patent for their ability
to inhibit in vitro leukotriene B4 (LTB4) biosynthesis in heparinized human blood
and in vivo leukotriene biosynthesis in rats when dosed orally. (BR 121-22, ¶ 2).
Bell testified that the computer printouts (BX-30) show that compound A-79935,
prepared by Rodriques, had an in vitro HWBL IC50 of 0.33µM and an in vivo ED50
of 93 µmol/kg when tested on December 18, 1990 and February 21, 1991,
respectively. (BR 122-23, ¶¶ 3-4).
As noted supra, Brooks conducted no tests before November 27, 1990 to
establish a practical utility of compound A-79935. Notwithstanding this fact,
Brooks urge that it is not necessary for them to test for utility to establish a
reduction to practice because in their view, the utility of the compounds of the
count is obvious. In support of their position of obviousness, Brooks rely upon
the affidavit opinions of coinventor Brooks and Dr. Kreft (Kreft). Coinventor
Brooks testified that he wrote the entry “5-LO”, shorthand for “5-lipoxygenase”, in
his notebook because it was his belief that the cyclobutyl N-hydroxyureas he
5 An Abbott A-code number was given to a compound when it was determined to
be analytically pure and submitted to the drug sample room. (BR 147, ¶ 5).
4
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