Interference No. 103,587
According to Katayama, there is no evidence that the disclosure took place on
November 8, 1987 rather than November 8, 1988 or 1989. With respect to the date of disclosure,
the senior party asserts that the sole dated document, the program WAVY.BAS (LX-10), might
have influenced Jack Levien’s recollection but that the document is entitled to no weight because
its date was under the sole control of the inve ntor until 1996.
Katayama opposes Levien’s case for actual reduction to practice on November 12, 1987
asserting that the only evidence that anything was done on that date is the date “11-12-87” on the
printout of the WAVY.BAS program made in 1996 and that the “11-12-87” date is not self-
authenticating because the date was under the sole control of the inventor and has not been
accompanied by any independent corroboration.
The senior party submits that the inventor has no actual recollection of reducing the
invention to practice on November 12, 1987. The position is taken that the inventor relies on the
“11-12-87” date to assume that the WAVY.BAS program was operational on that date and to
then conclude that he must have screened an image that day because it was his practice to do so.
The argument is made that there is no independent corroboration of an actual reduction to
practice because Jack Levien relies on the “11-12-87” date on the WAVY.BAS printout and his
son’s practice of screening images as soon as a program was written, to guess that there must
have been a reduction to practice on November 12, 1987.
Finally, even if it is assumed for the sake of argument that WAVY.BAS was reduced to
practice on November 12, 1987, Katayama argues that Levien has not shown that it performed a
screening operation in accord with count 2. With respect to LX-12, it is urged that the
generation of the “novelty effect as if viewing the subject through a window blind” (LR at 35,
paragraph 18) cannot be considered an actual reduction to practice of the invention which
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