Interference No. 104,522 Paper`108
Nichols v. Tabakoff Page 36
considered synthesis of 4-urea kynurenic acid derivatives within or beyond ordinary skill
in the art. 13 Nichols did not offer any independent testimony by one of ordinary skill in
the art sharing Dr. Nichols'opinion that undue or extensive research was required to
synthesize 4-urea kynurenate derivatives. Nichols has not pointed to, and we do not
find, evidence that Dr. Nichols had to undertake extensive literature searches, scientific
consultations, etc. as to possible synthesis routes.
74. To the contrary, Dr. Nichols admitted that Dr. Snell sent him papers on
synthesizing similar types of prior art compounds (NR, p. 72,1. 23 - p. 73,1. 22).
75. Moreover, according to James A. Ruth, a Ph.D. in synthetic organic chemistry
who testified on behalf of Tabakoff, an ordinary organic chemist would have known how
to synthesize a 4-urea kynurenic acid, e.g.,
13 The Declaration of Dr. K. Lemone Yielding (Ex 2001; NR, pp. 1-2) is confined to authenticating
six letters (Exs 2003-2007) he received from Dr. Tabakoff.
Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: November 3, 2007