Interference 102,413 Page 4
Pitha v. Muller
the composition of matter made by the method which
contains an amorphous complex of cyclodextrin
derivatives and a drug.
C. Count interpretation
In order for a party to prove conception or actual
reduction to practice, the party must show conception or
actual reduction to practice of an embodiment within the scope
of the count. The count is in an alternative format
incorporating by reference certain claims of each party. In
this format, a party must show conception or actual reduction
to practice of an embodiment falling within at least one of
the alternatives of the count.
An embodiment falls within the scope of a count if it
meets all the limitations of at least one of the claim
alternatives of the count. The physical embodiment relied
upon as an actual reduction to practice must include every
limitation of the count. Cooper v. Goldfarb, 154 F.3d 1321,
1327, 47 USPQ2d 1896, 1902 (Fed. Cir. 1998). The constructed
embodiment or performed process must include the precise
elements recited in the count. Eaton v. Evans, 204 F3d 1094,
1097, 53 USPQ2d 1696, 1698 (Fed. Cir. 2000).
In this interference to establish a reduction to
practice, Pitha must show (1) solubilization of lipophilic
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Last modified: November 3, 2007