Interference No. 102,408
recurring anionic unit of a polymeric compound selected from
the group consisting of dextran sulfate, chondroitin sulfate,
galactan sulfate, polyglutamic acid or polyitaconic acid.
The claims of the parties which correspond to Count 1 are
as follows (Paper No. 47):
Child: claims 2-12, 33 and 34
Kolar: claim 1
Both parties filed records and briefs, Child also filing
a reply brief, and both parties waived the opportunity to3
present an oral argument at a final hearing (Paper No. 90).
Child's brief raises the following issues (CB1):
(1) Has junior party Child proven a reduction to
practice of the subject matter of the count prior to
August 30, 1985?4
(2) Did junior party Child suppress, conceal or abandon
an actual reduction to practice of the invention of
the count within the meaning of 35 U.S.C. § 102(g)?
(3) Should the rebuttal testimony of senior party Kolar
be stricken as untimely filed?
3The Child brief, reply brief and record will be referred
to throughout this decision as CB, CRB, and CR, respectively,
followed by the appropriate page number. Similarly, the Kolar
brief will be referred to as KB followed by the appropriate
page number.
4As discussed above, September 3, 1984, Kolar's effective
filing date, is the critical date.
5
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