k. Reliance on scientific tests and data
Parties often rely on scientific tests and data,
both in the preliminary motion phase and during the
priority testimony phase. Examples include IR
(infra-red spectroscopy) and graphs generated
therefrom, HPLC (high performance liquid
chromatography) and data generated therefrom, etc.
In the event a party relies on a scientific test or
data generated from a scientific test, the party
relying on the test or data shall explain:
1. the reason why the test is being used
and why the data is being relied upon;
2. how the test is performed;
3. how the data is generated using the
test;
4. how the data is used to determine a
value;
5. the acknowledged accuracy of the test;
and
6. any other information which would aid
the board in understanding the
significance of the test or data.
See also 37 CFR § 1.671(f) and Notice of Final Rule, Patent
Interferences Proceedings, 49 Fed. Reg. 48416, 48427-28, 48447
(col. 3) (Dec. 12, 1984).
In her testimony, Koboldt stated an opinion, i.e., that
she expected SC-58394 to have good COX-2 inhibitory
selectivity, without explaining or interpreting the data upon
which the opinion is based. While Koboldt testified that she
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