FURMAN et al. V. BELLEAU et al. - Page 31





                    (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,                 

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