PATENT INTERFERENCES NO. 102,922 & 103,088 DUMAS V. GILL - Page 23




          Interference No. 102,922                                                    
          Interference No. 103,088                                                    
               On the basis of the above facts, we conclude that Dumas                
          has established by a preponderance of the evidence that he,                 
          Dumas, was the inventor of the invention defined by the counts              
          (Gill version) in both interferences and that Gill derived the              
          invention from him.  Dumas had a complete conception of the                 
          invention as evidenced by DX 7 and DX 9 and that conception                 
          was                                                                         
          communicated to Gill prior to the date accorded Gill.  Hence,               
          in our view Dumas has sustained his burden of proof in both                 
          interferences.  In addition, we find that the testing of the                
          Hercules products on PCC and the making of the handsheets                   
          therefrom by Pfizer inures to the benefit of Dumas.  Shumaker               
          v. Paulson, 136 F.2d 700, 703, 58 USPQ 279, 282 (CCPA 1943).                
               Gill argues that the Dumas showing has not shown every                 
          feature of the count, to wit, that the alkyl ketene dimer and               
          its cationic properties are not adequately identified.  Gill                
          urges that the only way to establish the identity of HerconŽ                
          40 and                                                                      




          HerconŽ 48 is to go to the notebooks of Dumas which notebooks               
          were never entered into the record.   We are not persuaded by               
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