Interference No. 103,586
lanes. (AR 51-52)
Exhibit 32 is identified by Reiss as copies of pages from the first volume of his
laboratory notes of studies said to be carried out from August, 1989 into early October of
1989 relating to the farnesyl transferase project (AX-43, ¶ 3). .
Casey, at the time in question, was a post-doctoral fellow in the laboratory of Dr.
Alfred Gilman, in the Department of Pharmacology at the University of Texas,
Southwestern Medical Center in Dallas, TX. Casey testified that he recalled within a week
or so of September 14, 1989, that “Reiss showed me the results of a study in which he had
demonstrated farnesyl transferase activity in a gel-based assay.” (AR-19, ¶ 8) Casey also
testified that “the notebook page 31 shown in Exhibit 32 as page 031 is the experiment
Reiss showed to me”. With respect to Reiss’s work in the latter part of September, 1989,
Casey testified that he recalled, “that by at least about the end of October or the beginning
of November, I was aware that Dr. Reiss had demonstrated that short peptides, derived
from ras, inhibited farnesyl transferase activity in vitro in the gel-based assay...” AR-20 ¶
9)
Opinion re Brown’s case for priority
For an actual reduction to practice of the subject matter of the count, the same
burden, a preponderance of the evidence, is applied to the senior party, whose application
was copending, with respect to providing a date of invention prior to their filing date.
Fisher v. Gardiner, 215 USPQ 620 (Bd. Pat. Int. 1981).
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