(1) the Furman inventors had an expectation that BCH- 189 would work for its intended purpose, and (2) Dr. Korba tested BCH- 189 for anti-HBV activity at the request of the FU7 an inventors. We note the following portions of Dr. Furman's testimony: (A) Dr. Furman's testimony that the Furman inventors, upon leaming that BCH- 189 had anti-HrV activity (in 1989), discussed sending BCH- 189 to Dr. Korba for testing since "the compound could exhibit activity against hepatitis B". (FF 24D ). (B) Dr. Furman's testimony that once the Furman inventors learned that one of the Liotta samples was BCH-1 89 (in August of 1990), they discussed sending the sample that was BCH- 189 to Dr. Korba for anti-HBV testing (FF 24M); and (C) Dr. Furman's testimony that Dr. Biron sent BCH-] 89 to Dr. Korba for anti-HBV testing at the request of the Furman inventors. (FF 24N). Dr. Furman's testimony indicates that, based on similarities in the active sites of the reverse transcriptase enzyme of HIV and the polymerase enzyme of HBV, the Furman inventors thought that BCH-189 "could" also have HBV activity. (FF 24C). We are not sure that the Furman inventor's belief that BCH-189 "could" exhibit anti HBV activity rises to the level of an gjaectation that BCH-189 would also have anti-HBV activity. Nonetheless, even if we determine that the above portions of Dr. Furman's testimony indicates such an expectation, Furman has not directed us to evidence corroborating these portions of Dr. Furman's testimony. As noted above, inventor testimony used to establish prior invention must be corroborated. We look to all the evidence pointed out to us by Furman, 31Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NextLast modified: November 3, 2007