CHILD et al. V. KOLAR et al. - Page 23




          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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