Patent Interference No. 103,812
Page 266 of Mr. Butler's laboratory notebook no. MV 90-12 identifies "5249-58" as a
"UV acid from T840" and a "UV acid endcap" having the structure of the first "endcapping or
chain stopping molecule" listed in Rosenquist patent claim 1 wherein R1 is a four carbon atom
alkyl group, R2 is hydrogen and n is 2. See RX 15. However, Dr. Rosenquist states that he
explained the nature and chemical structure of the "5249-58" product to Mr. Butler. See RR,
p. 6, paragraph 8. In any event, the evidence fails to provide a factual basis for Dr. Rosenquist’s
conclusion that "5249-58" was in fact 3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-
hydroxy-benzene-propanoic acid.
Junior party Rosenquist argues that one cannot prove the existence of a chemical
structure. Rather, one deduces that certain reactions occur and confirms that the reactions most
likely did occur by testing the products formed. However, in this case, Rosenquist argues that
the hydrolysis performed by Mr. McDurmon will produce 3-(2H-benzotriazol-2-yl)-5-(1,1-
dimethylethyl)-4-hydroxy-benzene-propanoic acid because "the matter is one of most elementary
chemistry." Therefore, no analysis of the "5249-58" product is necessary. See RRB, pp. 5-6.
We disagree. First, the evidence of record appears to establish that the reaction
performed by Mr. McDurmon was not as simple as alleged by junior party Rosenquist. In an
invention disclosure letter, Dr. Rosenquist states (third page of RX 9):5
5The document is dated March 9, 1994, and was signed by Dr. Rosenquist on March 9,
1994, although it does not bear the signature of a witness. See RR, p. 10, paragraph 14. The
document also bears a stamp indicating the date "RECEIVED." That date is illegible. See RX 9
(stamp appears to read, "RECEIVED May 1[-, ----]").
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