sub-genus count to the interferences. The subject matter on appeal was directed to a compound and
method for inhibiting cholesterol biosynthesis in humans and other animals. A compound count recited
a genus of novel mevalonolactones whereas a method count recited a method of inhibiting the
biosynthesis of cholesterol by administering to a "patient in need of said treatment" an appropriate
dosage of a compound falling within the scope of the compound count. Fujikawa, 93 F.3d at 1561,
39 USPQ2d at 1896.
Fujikawa’s preliminary motion to add an additional sub-genus count to the interference was
denied by the Board because it determined that junior party Wattanasin’s disclosure did not sufficiently
describe Fujikawa’s proposed count. Id. at 1570, 39 USPQ2d at 1904. Specifically, Wattanasin's
application disclosed compounds of the following structure:
wherein each of R and R is, independently, C alkyl (primary, secondary, or tertiary), C0 1-6 3-7
cycloalkyl, or the following ring,
21
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