Interference No. 104,241
Jeon et al.'s entreaty that we go to Table 1 in the
specification of their involved application for evidence of a
correlation between structure and pharmacological activity
evidences a misunderstanding of Jeon et al.'s burden of
persuasion. Jeon et al. were required to establish that at a
time prior to Cups et al.'s effective filing date they
prepared a compound within the count and recognized a
practical utility for the compound. Manifestly, because Jeon
et al.'s application was filed after Cupps et al.'s effective
filing date, it cannot evidence a recognized practical utility
for their claimed compound before Cupps et al.'s effective
filing date.
We also agree with the APJ's finding below that the copy
of a page from Jeon's laboratory notebook which outlines a
proposed reaction scheme and which depicts a final product as
described by a structural formula coupled with the notation on
the notebook page that a reaction mixture was obtained was
insufficient to establish that a compound within the count was
actually prepared. Reduction to practice of a compound
requires, inter alia: (1) production of a compound satisfying
every limitation of the count; (2) recognition that a compound
26
Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: November 3, 2007