Interference No. 103,586
alleged discussions Reiss and other coinventors were said to have had with Casey and
13
the testimony of Falck.
Brown’s case for conception can be summarized as follows. Reiss testified that he
came to Southwestern on August 1, 1989 where he was to begin a research project with
Brown and Goldstein involving the development of an in vitro assay for farnesyl transferase
activity. He testified that on that day, he met with Brown and Goldstein and discussed the
project dealing with the isolation and characterization of the enzyme responsible for the
farnesylation of the ras protein. Reiss testified that sometime in the second week of
August, 1989, the three coinventors again met to map out a strategy for generating a
active farnesyl transferase enzyme preparation and developing an assay for farnesyl
transferase activity. (AR 44, ¶ 5) During these discussions, Reiss testified that they
discussed the use of ras and ras-related peptides as substrates for the enzyme and
farnesyl pyrophosphate as the source of the farnesyl and that Goldstein suggested brain
tissue as the source of the enzyme. Reiss testified that by August 21, 1989 he prepared a
FT enzyme preparation and on September 20, 1989, the preparation demonstrated FT
activity. Reiss also rely upon exhibits Ex 32, page 001, 0017-0018, and 0028-0031.
Brown, in their brief, refer to activities of Falck in their statement of facts and13
argument; however, they do not explain how the activities of Falck establish conception by
Brown et al. Falck testified that he agreed to provide Goldstein and his colleagues with
FPP and farnesylated enzyme. He further testified that he prepared FPP and farnesyl
bromide (not S-farnesyl cysteine). There is no testimony by Falck that the agreed upon
materials were made and transferred or shipped to Brown.
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