in the '822 and '029 applications. In particular, both Dr.
Chan and
Dr. Riendeau testified that they reached their views with
respect to the predictability of COX-2 inhibition after having
"carefully studied" either or both of the '822 and '029
applications (see FF 26 and 27). Because Dr. Chan's and Dr.
Riendeau's testimony was directed to particular compounds
found within the disclosures of the '822 or '029 applications,
we do not regard either witness' testimony as describing a
general standard of predictability for COX-2 inhibition that
is recognized in the art.
Huang argues that the "the Board has read too much into
the declarants having 'carefully studied' the Searle
applications" (Paper 47 at 5). Huang argues that nothing in
the testimony of Dr. Chan or Dr. Riendeau limits their finding
to any particular compound or compounds. However, Dr. Chan
and Dr. Riendeau testified that their findings were based on
the study of the '822 and '029 applications involved in the
'845 and '873 interferences. Neither the '822 nor the '029
application discloses the compounds of the present count.
Huang has not established that testimony based on the
compounds disclosed in the '822 or the '029 application would
be applicable to the compounds of the present count.
22
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