CHILD et al. V. KOLAR et al. - Page 28




                 Interference No. 102,408                                                                                                              


                 relating to an alleged actual reduction to practice of a                                                                              
                 compound within the scope of the count is gleaned solely from                                                                         
                 information obtained from the inventors.  For example, Heiser                                                                         
                 received his information relating to the alleged identity of                                                                          
                 sample no. 12459B-47B from Ralph G. Child.  See CR225-26, ¶ 4                                                                         
                 (the chemist would provide Heiser with information identifying                                                                        
                 the compound, including the structural formula of the                                                                                 
                 compound, its molecular formula and weight, the color of the                                                                          
                 compound, the chemist's notebook and page number which                                                                                
                 recorded the preparation of the compound, and the sample                                                                              
                 spectrum number).  Lang also received his information from the                                                                        
                 inventors.  See CR218-19, ¶¶ 2-4 (the inventors of the                                                                                
                 involved Child application would prepare and submit monthly                                                                           
                 reports to Lang that would be incorporated into a monthly                                                                             
                 report for the Infectious and Neoplastic Disease Section).                                             26                             
                          To the extent that preparation of the compounds at issue                                                                     
                 was part of an organized research program (CRB6), even the                                                                            

                          26To the extent that this report could have been                                                                             
                 circulated prior to the critical date, the report neither                                                                             
                 bears a date of circulation nor any indication that it was in                                                                         
                 fact circulated to and seen by anyone (CRB8-9).  See In re                                                                            
                 Schulze, 346 F.2d 600, 602, 145 USPQ 716, 718 (CCPA 1965)                                                                             
                 (arguments in the brief do not take the place of evidence in                                                                          
                 the record).                                                                                                                          
                                                                         28                                                                            





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