Interference No. 104,101
Page 23
that: 1) Compound 311583 is encompassed by Count 2; and 2) at least one named inventor
recognized that the 311583 compound worked for its intended purpose.
A. Actual Reduction to Practice of Lilly Compound Serial No. 311583
Lilly alleges that it is entitled to an award of priority as Lilly allegedly was the first to
conceive of and the first to reduce the invention of the Count to practice. (Paper No. 205,
p. 1). Cameron does not appear to dispute Lilly’s contention that Lilly conceived of a compound
falling within the scope of the count prior to Cameron. Cameron, however, contends that Lilly’s
has failed to demonstrate a prior actual reduction to practice.
The facts regarding Lilly’s alleged reduction to practice for compound 311583 are
discussed in detail under the fact section provided above. Generally, Lilly states that Dr. Jones,
suggested that Mr. Cullinan investigate a compound having the structure:
wherein R1 is -OH, R2 is -H, n is two and X is sulfur. (Paper No. 202, p. 25). Both Dr. Jones and
Mr. Cullinan are named inventors for Lilly’s involved ‘434 application.
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