Patent Interference No. 103,548
For two reasons, we are not persuaded to ignore the uptake results for C0 and
look only to those for C1.
First, Lagrange is arguing that C0's higher )E value may be due as much to its
uptake as to its color41. However, this argument is based on speculation. It is not
supported by any objective evidence. Objective evidence could have been provided. It
would appear to have been an easy matter for Lagrange to determine the degree to
which the uptake value was affected by color. It is quite possible that, after
compensating for the effects of color, C0 would show an uptake that falls below the
value recorded in Cotteret Declaration III, and thus nevertheless support Lagrange’s
position that C2 and C4 exhibit an unexpectedly better uptake. On the other hand, color
may have no effect at all. We have no way of knowing. According to Lagrange, )E is
influenced by a sample’s hue but Lagrange provides no objective means or an
explanation how to adjust the uptake data that has been supplied to compensate for
differences in color and hue. We are provided no information to determine the degree to
which the )E result is attributable to color and to then determine the final uptake.42 We
are simply not provided enough information to determine whether the high )E value for
C0 actually describes the uptake, the color, or both.
Second, Lagrange does not explain why a difference in hue of 10 represents a
bright line for comparing uptakes of indolines. Why a difference in hue of, say, 9 permits
41 "The higher )E value for the unsubstitute compound is essentially due to the different color of the
compound and not necessarily due to a better uptake..." (LRB 23).
42 It is unclear to what degree the )E is affected by hue. Is the )E result increased or lowered by hue?
And by how much? Which hues affect )E the most, the least? How can we be sure that any )E value
defines uptake and is not merely a more precise description of a sample’s hue?
42
Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: November 3, 2007