implicit direction of the inventors. In particular, we have
not been pointed to evidence of record establishing that:
(1) the diphenylbenzofuran compounds that Dr. Reitz
asked Dr. Chamberlain to synthesize were the compounds tested
by Koboldt, Veenhuizen, or Anderson, or
(2) that Dr. Reitz directed Dr. Chamberlain to perform,
or have performed, testing to show anti-inflammatory activity
of the compounds Dr. Reitz asked Dr. Chamberlain to
synthesize.
Dr. Chamberlain testified that he sent compounds he
synthesized for "biological testing" (Exh. 2019 at, e.g., §5);
however, we have not been directed to evidence establishing
that:
(1) the "biological testing" was the Koboldt,
Veenhuizen, or Anderson testing,
(2) that either Dr. Huang or Dr. Reitz explicitly or
implicitly requested Dr. Chamberlain to have the "biological
testing" performed, or
(3) that the "biological testing" established a
practical utility for the compounds.
Of Koboldt, Veenhuizen, and Anderson, only Koboldt
testified that she performed some testing (i.e., the testing
of SC-58394) at the explicit request of one of the inventors,
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