Huang request for reconsideration of the denial of Huang preliminary motion 1 19. Huang preliminary motion 1 was denied in an order entered 23 December 1999 (Paper 35). 20. Huang asks for reconsideration of the denial of its preliminary motion 1. 37 CFR § 1.655(a)(Paper 47). 21. Huang argues that the Prasit claims are unpatentable under 35 U.S.C. §§ 101 or 112, 1st paragraph, on the basis of what is said to be an admission against interest made by Merck in copending interferences 103,845 ("'845") and 103,873 ("'873"). 22. According to Huang, Merck, the real party interest of Prasit, made an admission that in vitro testing alone is insufficient to make reliable predictions concerning in vivo effectiveness in compounds alleged to possess anti- inflammatory, antipyretic, and analgesic activity. 23. The following testimony by Merck witnesses during the '845 and '873 interferences is said to be evidence of the Merck admission: (a) the testimony of Dr. Chi-Chung Chan that: (1) "In vitro inhibition of COX-2 is necessary, but considered alone, is not sufficient to make reliable predictions concerning in vivo effectiveness of compounds and takes no account of 10Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007