Patent Interference No. 103,812
My initial record of attempting to prepare the "UV acid" from commercially-
available Tinuvin 840, with the stated intention of reacting it with polycarbonate
resin by the extrusion process mentioned above, is on pages 177 to 179 of
notebook MV91-1 dated June 21 and 23, 1992. The work was then suspended
because another program ("LR2") required a high priority effort. Almost
immediately upon the conclusion of that program, this work was resumed.
Records are in notebook 92-10 beginning on page 227 (July 9, 1993). [Emphasis
added.]
Pages 177 to 179 of notebook MV91-1 and the work beginning on page 227 of notebook 92-10
are not of record in this interference.6
Furthermore, the "UV acid" referred to in the invention disclosure letter is not identified.
According to the invention disclosure letter (second page of RX 9):
The invention consists of a new polycarbonate resin composition with some or all
of its end groups consisting of the ester derived from a bisphenol-A in the resin
chain and the the [sic] carboxylic acid group on the the [sic] compound labeled
"UV acid" on the attached page.
The "attached page" was not provided by junior party Rosenquist.
Second, a party establishing an actual reduction to practice of the subject matter of a
count must show a reduction to practice of each and every limitation of the count. Cooper, 154
F.3d at 1327, 47 USPQ2d at 1901. There is simply no evidence in the record that junior party
Rosenquist was in possession of an endcapping molecule within the scope of the count prior to
the senior party’s effective filing date. At best, the evidence of record establishes that Dr.
6In his declaration, Dr. Rosenquist identifies RX 6 as a copy of pages 304 and 305 from
his laboratory notebook no. MV 92-10. See RR, pp. 7-8, paragraphs 9 and 10. However, RX 6
does not include a copy of the laboratory notebook cover sheet or provide any other indication
that RX 6 is indeed a copy of pages 304 and 305 from laboratory notebook no. MV 92-10.
Compare RX 14 and RX 15.
9
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