PEREZ-SOLAER et al v. KHOKHAR et al v. KHOKHAR et al v. MAEDA et al - Page 11




          Interference No. 103,352                                                    

          exclusively upon the testimony of co-inventors Khokhar, Perez-              
          Soler and Lopez-Berestein together with documentary exhibits.9              
               Even though the senior party did not cross-examine any of              
          Khokhar's declarants and did not present any evidence of its own,           
          Khokhar must nevertheless provide adequate corroboration of the             
          inventors' testimony to establish a prima facie case for                    
          priority.  The need for corroboration of an inventor's testimony            
          to establish a prima facie case for priority is a fundamental and           
          well-established principle of interference practice.  Rivise and            
          Caesar, Interference Law and Practice, Vol III, § 539 (Michie Co.           
          1947).  Indeed, an inventor's testimony must be corroborated with           
          regard to all the essential elements of a case for priority.                
               The purpose of the rule requiring corroboration is to reduce           
          the potential for fraud and to establish, by proof that is                  
          unlikely to have been fabricated or falsified, that the inventor            
          successfully reduced his invention to practice.  Berry v. Webb,             
          412 F.2d 261, 162 USPQ 170 (CCPA 1969).  The evidence necessary             
          for corroboration is determined by the rule of reason which                 
















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