FURMAN et al. V. BELLEAU et al. - Page 29





              Korba's results. (FF 55). However, Furman has not directed us to evidence establishing that the         
              Furman inventors actually received and read the memorandum.                                             
                     Ms. Kondy testified that she or Dr. Biron would "sometimes" verbally communic e                  
              results to BW chemists. (FF58). However, Furman has not argued or otherwise shown that Ms.              
              Kondy's testimony establishes such a regular practice of verbal communication of results that we        
              should infer that it more likely than not occurred on the occasion before us.                           
                     Furman has not shown that the Furman inventors themselves determined that the                    
              invention would work for its intended purpose. Furman has not presented us with an alternative          
              theory as to why the December activity is a reduction to practice by the Furman inventors. In           
              particular, Furman has not explained to us how the Furman inventors could have reduced to               
              practice the invention of the count without actual knowledge of Dr. Korba's test results. For           
              example, Furman does not argue that a reduction to practice occurred when Dr. Korba, Dr. Biron,         
              or Ms. Kondy learned that BCH-189 exhibited anti-HBV activity in Dr. Korba's test."                     
                     It is not our role to make out Furman's case for it nor would it be fair to Belleau for us to    
              do so. Leveen v. Edwards, 57 USPQ2d at 1413 (BPAI (ITS) 2000) ("[flhe board will not engage             
              in "role-shifting" by becoming counsel for a party and turning the interference into a contested        
              case between (1) the party and the board, on the one hand, versus (2) the opponent, on the other        
              hand").                                                                                                 
                     Accordingly, we hold that Furman has not sufficiently shown a reduction to practice prior        
              to Belleau.                                                                                             


                     16 Evidence submitted by Furman suggests that Dr. Korba did not know that one of                 
              the compounds he was testing, coded as DCL-12, was BCH-] 89. (Exh. 2052 at 7).                          
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