failed to demonstrate that Maienfisch’s claimed 1,3,5-oxadiazines would have been obvious to one
skilled in the art given the teachings of the Shiokawa JP ‘943 reference or the Shiokawa ‘589 patent.
I. Findings of Fact
The record supports, by a preponderance of the evidence, the following findings.
A. The Interference
1. The interference involves Shiokawa et al., U.S. Patent No. 5,719,146 (Shiokawa ‘146) versus
Maienfisch et al., U.S. Application 09/136,664 (Maienfisch ‘664). (Paper No. 1 “Notice Declaring
Interference”). Shiokawa is the junior party and Maienfisch is the senior party.
B. The Junior Party
2. Nihon Bayer Agrochem K.K. is the real party in interest in Shiokawa ‘146 and Bayer AG is
the exclusive licensee. (Shiokawa Designation of Real Party in Interest, Paper No. 5, p. 1). Shiokawa
‘146 issued from U.S. application 08/597,780 filed on February 7, 1996. (Shiokawa ‘146, SX 2003,
front page).
C. The Senior Party
3. Novartis Corporation is the real party in interest in Maienfisch ‘664 which was filed on August
19, 1998. (Maienfisch Designation of Real Party in Interest, Paper No. 10, p. 2). For purposes of
priority, Maienfisch ‘664 has been accorded the benefit of the filing dates of:
2
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