Interference No. 103,322
of the evidence. Affidavits fail in their purpose when they
merely
contain unsupported conclusory statements. See In re Wright,
999 F.2d 1557, 1563, 27 USPQ2d 1510, 1514 (Fed. Cir. 1993); In
re Brandstadter, 484 F.2d 1395, 1404, 179 USPQ 286, 294 (CCPA
1973)(affidavits fail in their purpose since they recite
conclusions but few facts to buttress said conclusions).
Nothing in the rules or in our jurisprudence requires the
fact finder to credit the unsupported assertions of a witness.
See Rohm and Haas Co. v. Brotech Corp., 127 F.3d 1089, 1092,
44 USPQ2d 1459, 1462 (Fed. Cir. 1997).
Next, Linkletter and Musil are relying on testing
argued to have established a reduction to practice in March
1990 in Aberdeen, Maryland. The evidence offered for this
alleged reduction to practice also fails to make out a
reduction to practice by a preponderance of the evidence.
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