Interference No. 103,675
literally describe a purified or isolated compound but "a taxoid" or
"a compound" having a particular structural formula. Accordingly, we
find that Count 3A is directed to either a purified or isolated
compound having the formula as recited in the count or a mixture of
compounds which includes a compound having the structural formula of
the count.
Count 4 is also directed to a genus of compounds represented
by either the first structural formula which corresponds to the
formula in Bouchard et al.'s claim 140 or a genus of compounds
represented by the second structural formula which corresponds to the
formula found in Chen et al.'s claim 1 designated as corresponding to
Count 4. Because the count does not recite that the compounds are
purified or isolated, we interpret the count to include purified and
isolated compounds of the recited structural formula, per se, or
mixtures of compounds which include a compound having the recited
structural formula.
We now look to the disclosure in Chen et al.'s benefit
applications to determine if the disclosure in said applications
satisfies the "written description" requirement of the first paragraph
of 35 U.S.C. § 112 for at least one embodiment within any of the
counts. It is apparent from the facts in this case that no earlier
filed application for which Chen et al. have moved for benefit for the
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