ROSENTHAL v. MAGEE - Page 10




               Interference No. 104,403                                                                                              

                         Rosenthal showed him unique packaging with his lens sheet used                                              
                         as a window which provided a view of an opaque image at one                                                 
                         angle, and at another angle provided a clear view, through to the                                           
                         actual contents of the package (Rosenthal Record page 9).                                                   
                 31.     Bruce P.  Rosenthal testifies (Rosenthal Record page 8) that he                                             
                         signed a confidentiality agreement which has been submitted as                                              
                         Exhibit 2102 (Rosenthal Record page 10).                                                                    
                 32.     In the period from July 12, 1993 to November 1993, the evidence                                             
                         shows no activity either perfecting the invention of the count or                                           
                         preparing a patent application.                                                                             
                 33.     Rosenthal testifies that he began preparing his patent application                                          
                         in November 1993 (Rosenthal Record page 37).                                                                
                 34.     Rosenthal testifies that from November 1993 until filing the                                                
                         application for the ‘226 patent, he developed various optical                                               
                         systems including a lens sheet with cylindrical Fresnel lenses and                                          
                         multiple line grids with front and rear grids aligned to create both                                        
                         an opaque image view and vision beyond the grid (Rosenthal                                                  
                         Record page 38).                                                                                            
                 35.     The ‘226 patent specification (Exhibit 1001) includes an                                                    
                         embodiment in which a Fresnel lens is included (Figs. 13 and 14;                                            
                         col. 14, lines 22-30 and 61-65).                                                                            

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