ROSENTHAL v. MAGEE - Page 4




               Interference No. 104,403                                                                                              

                               sheet as transparent, thereby providing a clear view through                                          
                               the sheet to objects behind it.  (Rosenthal Record page 34).                                          
               3.      The junior party has filed Exhibit 2141 (Rosenthal Record page 43), which he                                  
                       states is a photocopy of the lens prototype made on May 5, 1990 (Rosenthal                                    
                       Record page 34).                                                                                              
               4.      Exhibit 2141 depicts a sheet having one surface which is constituted by a                                     
                       plurality of conic members with planar members therebetween and a second                                      
                       surface which is constituted by a plurality of conic members (Rosenthal Record                                
                       page 43).                                                                                                     
               5.      Rosenthal testifies in regard to the May 5, 1990 prototype:                                                   
                               At that time, I was not sure how well it would work at a                                              
                               smaller scale.  It would be necessary to make thinner in                                              
                               order for it to be utilized for one of the objects stated in my                                       
                               subsequent patent application, that of materials for                                                  
                               packaging and other graphic uses. (Rosenthal Record page                                              
                               34).                                                                                                  
               6.      The junior party does not direct our attention to any evidence that corroborates                              
                       his testimony regarding the lens sheet made May 5, 1990.                                                      
               7.      Rosenthal testifies that he made another prototype of a lens sheet in the first two                           
                       weeks of August 1992, and has filed Exhibit 2142 (Rosenthal Record page 44)                                   
                       which the junior party states is a photocopy of the lens sheet constructed in                                 
                       August 1992 (Rosenthal Record pages 34-35).                                                                   
               8.      Exhibit 2142 appears to be a photocopy of a sheet having one surface                                          
                       constituted by a plurality of spaced-apart parallel sections with concave sections                            

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