Patent Interference No. 103,892 Page 14
Having said all that, it is quite apparent that Davie has not focused on the separate
elements of the above test for establishing an actual reduction to practice. The brief is
deficient in that regard. Davie argues that it has reduced the invention to practice prior
to June 26, 1986, and, in support thereof, points to articles published before June 26,
1986, and declarations, from all five authors of the articles, containing statements
relating to reductions to practice prior to June 26, 1986, including information as to each
author’s responsibilities when, at some unknown time, work was performed “[i]n
generating the subject matter described in the article.”
Specifically, Davie (brief, p. 20) alleges that it
… has proven … reduction to practice at least as early as February 28, 1986 for
the b subunit and least as early as June 23, 1986 for the a subunit of factor XIII.
Either of those dates is earlier than the [undisputed] June 26, 1986 priority date to
which Grundmann is entitled.
The evidence provided in support thereof consists of two articles and five declarations:14
¾ Ichinose, Hendrickson, Fujikawa and Davie, “Amino Acid Sequence of the a Subunit
of Human Factor XIII,” Biochemistry, 25, 6900 (1986) [“a subunit” article] (Davie
Documentary Exhibit 2).
¾ Ichinose, McMullen, Fujikawa and Davie, “Amino Acid Sequence of the b Subunit of
Human Factor XIII, a Protein Composed of Ten Repetitive Segments,” Biochemistry,
25, 4633 (1986) [“b subunit” article] (Davie Documentary Exhibit 1).
1.) Ichinose Declaration (Tab D of Davie Record);
2.) Davie Declaration (Tab E of Davie Record);
3.) Fujikawa Declaration (Tab F of Davie’s Record);
4.) Hendrickson Declaration (Tab G of Davie’s Record); and,
5.) McMullen Declaration (Tab H of Davie’s Record).
14 We observe that two authors/declarants - Davie and Ichinose – are also inventors. The others –
Fujikawa, Hendrickson and McMullen – are non-inventors.
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