Interference 102,413 Page 30
Pitha v. Muller
In Sz-34 (PR 185, PX-19-46), the product produced from
Sz-20 was solubilized in water with beta-ionone. The
experiment took place on July 19, 1981, which is the date
indicated on PX-19-46.
The product Sz-20 is described as a light yellow, glass
powder like substance with no crystals. The solubility of the
substance in water at 20 C is reported to be 15.8 g/100ml.o
Pitha directed us to pages Sz-32 and Sz-34 which establishes
that a portion of the product from Sz-20 was solubilized in
water with a drug. Dr. Szente’s declaration states the
product of Sz-20 was amorphous and solubilized in water with
various drugs. We have not been directed to evidence which42
establishes that the product Sz-20 contained cyclodextrin
derivatives as required by the count. The products Sz-32 and
Sz-34, both of which incorporate Sz-20, fail to describe an
embodiment which falls within the scope of the count.
d. The product Sz-28 and products including Sz-28
In Sz-28 (PR 184, PX-19-39), the experiment took place no
later than July 6, 1981, which is the date indicated on the
subsequently occurring page PX-19-41. The oxymercuration-
demercuration of HPBCD with dioxane was described by the
42PR page 172, line 19 to page 176 line 19, page 184
lines 15-17, and page 185, lines 4-12.
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