Interference No. 104,101
Page 5
Lilly 08/508,434: 8-20, 23-24, 47-49, 51-53 and 55-65
Cameron 08/628,605: 8, 12-15, 17-18, 43-65, 67-69, 81, 87 and 97
(Paper No. 177, p. 5).
B. Additional Findings
F6. Lilly allegedly made numerous compounds that fall within the scope of Count 2. With
the exceptions of Lilly Compounds 311583 and 125001, Lilly has failed to sufficiently identify
evidence that the allegedly manufactured compounds were tested to establish a practical,
recognized utility.
1. Lilly Compound 125001
F7. Mr. Magee testified that during the period of 1992 to 1994 he was an Associate Biologist
working in the In Vivo Pharmacology Laboratory of the Skeletal Research Division under the
supervision of Dr. Henry Bryant, a named inventor of the involved Lilly ‘434 application.
(Declaration of David E. Magee, EX 1156, ¶ 4).
F8. Mr. Magee has testified that:
Between August 22-26, 1992, our lab performed an analysis of the biological
activity of compounds including a compound with serial number LY 125001.
This experiment was designated B62. The protocol set-up is recorded on page 46
of Research Notebook W53-ANR issued to Harlan Cole (Exhibit 1234, Bates No.
3221). Control groups were administered 1% carboxymethylcellulose or " 17-
ethynyl estradiol (EE2) (Sigma Chemical CO., St. Louis, MO) in suspension in
1 % carboxymethylcellulose. Test compounds were administered orally in
suspension in 1% carboxymethylcellulose to groups of ovariectomized rats from
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