Interference No. 104,241
practice, at 93 F.3d 1564, 39 USPQ2d 1899 the court noted in a
discussion of the necessity for testing that:
[i]t may be difficult to predict, however, whether a
novel compound will exhibit pharmacological
activity, even when the behavior of analogous
compounds is known to those skilled in the art.
Consequently, testing is often required to establish
practical utility.
Contrary to Jeon et al.'s representation at page 8 of Paper
Number 3, the Cupps et al. patent involved in this
interference does not acknowledge at column 1, lines 9 through
15 that one or two ring 2-imidazolinylamino compounds are
known as a family to possess " adrenergic receptors. Rather,
2
the reference therein is directed to Cupps et al. particular
compounds as described by the formula at column 2, lines 24
through 49. Further, while the Cupps et al. patent does
discuss from column 1, lines 17 through 57 numerous references
to various compounds generically described as " adrenergic
receptors, the most significant disclosure in Cupps et al. in
column 1 may be found in lines 57 through 61 wherein it is
disclosed that:
However, many compounds related in structure to
those of the subject invention do not provide the
activity and specificity desirable when treating
respiratory, ocular or gastrointestinal disorders.
(emphasis added)
24
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