Interference No. 102,408
1 attached to the Child declaration describes five products,
i.e., "A," "B," "C," "D" and "E". See CR365. Therefore,
reference to "the compound which is described in Exhibit 1" is
ambiguous.
The August 1984 monthly report for the Infectious and
Neoplastic Disease Section is equally lacking. The report is
silent as to the anti-cancer activity of compound "285605
(12459B 47A)." See CR223. 24
3. Independent corroboration
Finally, the evidence relied on by junior party Child to
establish an actual reduction to practice of a compound within
the scope of the count prior to September 3, 1984, has not
been independently corroborated. As discussed above, the
inventors' testimony and documents, standing alone, are
insufficient to prove an actual reduction to practice. Hahn,
892 F.2d at 1032, 13 USPQ2d at 1317; see also Lacotte v.
Thomas, 758 F.2d 611, 613, 225 USPQ 633, 634 (Fed. Cir. 1985);
Price, 988 F.2d at 1194,
24Sample no. 12459B-47B was assigned CL number CL285605.
See CR228.
26
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