with Mr. Hersch occurred. Dr. Wang only states that the entry is
from his 1995 notebook.
The notebook entry that Dr. Wang directs us to fails to
establish a credible date. The date at the top of the page is
"/29". This is an incomplete date and could be any time, e.g.
any month in 1995. At the bottom of the notebook page is the
handwritten entry of "3/95". That handwritten date, however is
suspect. First, the handwritten "3/95" date is in a different
handwriting than.every other entry on the notebook page.
Furthermore, all other notebook pages submitted into evidence
(e.g. Wang Ex. 2035) do not have a date on the bottom of the
page. Wang presents no explanation. For these reasons, we do
not credit the entry "3/95" on the bottom of the notebook page.
Accordingly, Wang has failed to establish a date of
conception prior to 7 June 1995. Since Wang has failed to
sufficiently rebut Green's prima facie case as set forth in Green
preliminary motion 2, Green's revised reply need not and has not
been considered. For these reasons, Green preliminary motion 2
to designate Wang claims 7 and 12 as corresponding to the count
is granted. Wang claims 7 and 12 are now designated as
corresponding to Count_ý
'22.
2 Count 2 was substituted for Count 1 (Paper 98).
8
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