Appeal No. 2006-0132
Application No. 09/946,627
Victor Li and Dave Kane, Northrop Grumman, El Segundo, CA
(hereinafter referred to as “Wanthal”). See Wanthal, page 1.
The first page of Wanthal states “Copyright © 2000 The Boeing
Company, Lockheed martin, Northrop Grumman. Society for
Advancement of Material and Process Engineering, with
permission.” Id. According to the declaration executed by
Stephen D. Owens on December 2, 2003 (hereinafter referred to as
“the Owens declaration”), Wanthal “was presented at a Closed
Session of the Society for Advancement of Material and Process
Engineering (SAMPE) in 2000.” See page 1. The Owens declaration
further states at pages 1 and 2 that:
I did not attend that particular session, but have
attended other Closed Sessions and am familiar with how
these sessions are held.
...
I do not have any written materials concerning entry to
the particular Closed Session where the subject
technical paper was given. However, I am attaching to
this declaration a portion of document advertising a
recent SAMPE meeting. As shown on the second page, in
order to be admitted to a Closed Session, one needs to
have certification credentials based on a DD Form 2345
that has been approved by the government, or one must
be employed by a company that is in the DoD’s quarterly
qualified U.S. contractor access list. I am attaching
also to this declaration a sample of a DD Form 2345 for
a particular individual. In my experience, about forty
to fifty people attend a Closed Session of this nature.
My understanding is that approximately the same number
attended the Closed Session during which the subject
technical paper was presented. (Emphasis ours.)
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