description - - a factual issue - - can be demonstrated through a patent specifications explicit
disclosures, Maienfisch Exhibits 1005 and 1006 are relevant to the factual issue of the ‘146 patents
lack of written description for the claimed 1,3,5-oxadiazines. Accordingly, Shiokawa’s motion to
suppress Maienfisch Exhibits 1005 and 1006 is denied. Furthermore, the suppression of paragraphs
48 and 49 of Dr. Ziegler’s declaration is moot as we have not relied upon the declaration testimony of
Dr. Ziegler.
III. Order
Upon consideration of the record, and for the reasons given, it is:
ORDERED that Shiokawa Corrected Preliminary Motion 1 is denied.
FURTHER ORDERED that Maienfisch Preliminary Motion 1 is granted.
FURTHER ORDERED that Shiokawa Preliminary Motion 4 is denied.
FURTHER ORDERED that Shiokawa Preliminary Motion 13 is moot.
FURTHER ORDERED that Shiokawa Preliminary Motion 14 is moot as to paragraphs 48
and 49 of the Declaration of Fredrick E. Ziegler, PhD and denied as to MX 1005 and 1006.
FURTHER ORDERED that judgment on priority as to Count 2, the sole count in
interference, is awarded against Junior Party Shiokawa.
FURTHER ORDERED that Junior Party Shiokawa is not entitled to a patent containing
claims 1-3 of Shiokawa, U.S. Patent No. 5,719,146. 35 U.S.C. § 102(g); 35 U.S.C. § 112 first
paragraph (lack of written description).
59
Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
Last modified: November 3, 2007