Interference 102,728
Paper No. 151, or (ii) the arguments made to the Court in Singh v. Brake.33 With
respect to the latter point, we find that Singh’s arguments in the briefs before the PTO
are not the same as the arguments made before the Court. To that end, we remind
Singh that it is not the burden of this Board to scour the record and serve generally as
an advocate for a party. Compare Ernst Haas Studio Inc. v. Palm Press Inc., 164 F.3d
110, 112, 49 USPQ2d 1377, 1379 (2d Cir. 1999). This would not be fair to the
opposing party. Since we can only make findings of fact on the record before us, for
purposes of this appeal, we have considered Singh’s responses to two of the questions
set forth in the Order Setting Times for Taking Action (Paper No. 171), as best
representing its case for priority. These arguments appear to resemble the arguments
made before the Court in Singh v. Brake, 222 F.3d at 1362, 55 USPQ2d at 1673, and
are arguments to which Brake now has had an opportunity to respond. Accordingly, we
direct attention to Paper No. 180, pp. 12-14, wherein Singh argues:
It is undisputed that Dr. Singh wished to remove the DNA encoding eight
codons at the junction between the alpha factor lys-arg sequence and the
beginning of the interferon gene and in doing so remove DNA that encoded the
glu-ala sequences. He would carry out this deletion mutagenesis process
utilizing a synthetic oligonucleotide. He drew such a plan in his notebook and
33 We note that in Singh v. Brake, 222 F.3d at 1366, 55 USPQ2d at 1676, the
Court states that
Specifically, Singh argues that the combination of the November 24 and
December 21, 1982 notebook entries, the December 1, 1982
oligonucleotide order, and the testimony of DNA chemist Ng sufficiently
corroborate his conception. Moreover, Singh contends that there was no
use for the 24-mer ordered on December 1 other than to accomplish the
desired loop deletion further corroborates his testimony.
52
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