Interference 102,760
apnea comprising administration of a
therapeutically effective amount of buspirone to
a patient in need of such treatment . . . . The
date when such contribution was made was prior
to April, 1986. . . ." (SRR, WIA, RI 2, p.
258). . . .
F. "For all claims in which . . . Rosekind is
identified as an inventor in response to
Interrogatory No. 1 [(RI 1)], his contribution
to the conception of the invention was his
concept, along with Dr. Dement of at least a
specific dosage of buspirone to be given to
patients having sleep apnea at bedtime, i.e., 20
milligrams of buspirone. The date of this
conception was prior to August 9, 1989. . . ."
(SRR, WIA, RI 3, p. 260). . . .
H. "[A]s to . . . claims 1, 2, 6, 7 and 13 of
application Serial No. 07/695,325, . . .
Schwimmer conceived of at least an upper limit
of the dosage of buspirone for the treatment of
sleep apnea recited in the last paragraph on
page 4 of the Dement et al application involved
in this interference, viz., 60 m.g.; and a
preferred upper limit of the dosage of buspirone
for the treatment of sleep apnea recited in the
last paragraph on page 9 of the Dement et al
application involved in this interference, viz.,
40 m.g. . . ." (SRR, WIA, RI 4, pp. 261-262).
Rapoport argues that Rosekind and Schwimmer are not
properly named as inventors in the Dement application since
the particular dosages said to have been conceived by Rosekind
and Schwimmer do not appear in any claim of Dement application
07/695,325. Rapoport further urges that the inventorship of
the Dement application is improper since William C. Dement,
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