25. Huang disagrees with Merck's admission but
argues that Merck should be held to its prior admission and
should not be able to take a position in this interference
that is contrary to the position it took in the '845 and '873
interferences
(Paper 47 at 4).
26. Both Dr. Chang and Dr. Riendeau testified that
their views were reached after "carefully stud(ying)"
applications 08/004,822 and 08/425,029 (applications involved
in the '845 and '873 interferences).
27. At a point in his testimony prior to his
testimony set out at FF 22, Dr. Chang testified (Exh. 2002 at1
¶7):
I have carefully studied the Bertenshaw Applications
USSN 08/004,822 (DE 62), USSN 08/425,029 (DE 61,
pages 0146-0233) and the Declaration on behalf of
Ducharme of Dr. Denis Riendeau (DE 16) and based on
the study I have found the following:
28. At a point in his testimony prior to his
testimony set out at FF 22, Dr. Riendeau testified (Exh. 2003
at ¶9):
1 Finding of Fact.
12
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