Interference No. 104,241
corroboration by a non-inventor. There is no evidence of
corroboration accompanying Jeon et al.'s supplemental showing.
Additionally, while an NMR spectrum may be consistent with a
hypothetical structure for a given unknown compound it cannot
without more, ordinarily, prove an unknown compound possesses
a particular structure. Further, when the handwritten formula
on the face of Exhibit 1 was written on the exhibit or by whom
is not set forth. We also have no way of determining from
Jeon's declaration who performed the analysis described in
Exhibits 1, 2, 3, 6, 7 and 8 nor is there any evidence,
independent of the inventor, establishing that the compound
described in Jeon's notebook was the compound for which the
analysis was performed.
Jeon et al.'s additional evidence which allegedly
establishes that the compound allegedly synthesized by Jeon
would have been expected to have the same utility as
structurally similar compounds known in the art is inadequate
to prove that hypothesis. Specifically, in the compounds
disclosed in the Gluchowski patent the imidazolinylamino
moiety is linked to a benzoxazine nucleus, a nitrogen- and
oxygen-containing heterocyclic ring system. In the compounds
38
Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: November 3, 2007