Interference 102,760
-- each inventor must contribute to the joint arrival at
a definite and permanent idea of the invention as it will
be used in practice.
In this case, there is ample evidence to reasonably support
the proposition that persons skilled in this unpredictable art
would not have considered Dement’s conception alone to
adequately enable persons having ordinary skill in the art to
make and use the full scope of the invention claimed without
the disclosure
of an effective therapeutic amount of at least one drug found
effective for treating sleep apneas.
The evidence shows that Schwimmer recommended to Dement
that he undertake a pilot study of buspirone and sleep apnea
before any serious consideration for funding could be given.
“Rosekind, who worked with Dr. Dement, called me on May 24,
1989 saying that they were serious about undertaking this
pilot study, and in August, his first patient, a 62-year old
male with sleep apnea, was studied” (Record of the Party
Dement (RD), p. 9, Declaration of Jeffrey L. Schwimmer, para.
8; Dement Exhibit 8, para. 5). The evidence presented to
Richard P. Ryan, a registered patent agent, at minimum
suggested that “Dr. Schwimmer had worked with Drs. Dement and
Rosekind . . . in reducing . . . [Dr. Dement’s concept] to
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