NEDELK V. STIMSON et al. - Page 25



            Interference No. 102,755                                                                   


            decision had been made to reduce Nedelk's invention to                                     
            practice.  As already noted, the documents relating to                                     
            Gillespie's invention do not inure to Nedelk's benefit, since                              
            they were not generated on his behalf.  Cooper, 154 F.3d at                                
            1332, 47 USPQ2d at 1905.  Nor does the testimony establish                                 
            that any of the wear data obtained using ABSC's shaft                                      
            dynamometer prior to February 16, 1988.  See Zarembka's                                    
            testimony at NR 22-23, ¶¶ 6-11 regarding the wear data in                                  
            Zarembka Exhibits A-F (NE 53-276) and see Webb's testimony at                              
            NR 28, ¶ 7 regarding the wear data in Webb Exhibit C (NE 311-                              
            59).        Consequently, the earliest corroborated date for a                             
            decision to  submit a bid employing Nedelk's invention to an                               
            aircraft manufacturer is July 1, 1988, about four and one-half                             
            months after Stimson's benefit date, when Moseley attended a                               
            design review meeting to discuss a braking system proposal for                             
            the Airbus A330 (Moseley, NR 19, ¶ 3; NR 129-32).  During that                             
            meeting, Nedelk described the Taxi Brake Select concept and                                
            asked Moseley and Beck to discuss the control system required                              
            for its operation (Moseley, NR 19, ¶ 4).  The last two lines                               
            of Moseley's notes (NE 46) from the meeting (Moseley, NR 19, ¶                             
            4) read, "4. Define brake cycling control system to reduce                                 
            taxi wear rate.  Action DD Moseley & AA Beck."  Shortly                                    
            thereafter, on July 15, 1988, Moseley made a block diagram (NE                             

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