Interference No. 103,836
CX-12, does not disclose a locking means to hold the appliqué in place. This was admitted by
the inventor Chase in Chase’s record at pages 2 and 53, and there is no evidence that Chase
conceived of the assembly as including a locking means at that time. Still further, there is no
evidence that the appliqué of the wheel assembly included an outer annular connecting portion
disposed adjacent one of the rim flanges as required by the count. CX-12 shows that the
appliqué has outwardly extending fingers but no outer annular portion connecting the fingers.
A second document relied on by Chase is identified in the record as CX-13. It is a letter
composed by the inventor dated February 24, 1992 relating to a chrome plated composite/cast
aluminum wheel. As noted by the party Beam, the letter simply describes the invention as
including a wheel, a cover and an adhesive to attach the cover to the wheel, and refers to the
drawing identified as CX-12. There is no testimony related to CX-13 establishing that the wheel
referred to therein included locking means, or that the appliqué included an outer annular
connecting portion.
A third document (CX-16) relied on by the senior party is a memo dated March 16, 1992
authored by the inventor Chase. The contention is made that item 2 at page A16964 establishes
conception by Chase of the subject matter of the count with a locking means. However, a
locking means is not specifically disclosed in CX-16 and the inventor’s testimony at CR-71 that
item 2 relates to bosses or snap tabs or mechanical devices is simply not corroborated.
Regardless of our negative findings above with respect to Chase’s case for prior
conception, we are of the opinion that the party Chase has established a date of conception of
May 26, 1992, the date on the drawing identified in the record as CX-14. The corroborating
witness, Kevin Burch, testified that he made the drawing under the supervision of the inventor,
Lee Chase, and that it was completed by him on or about May 26, 1992.
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