Interference No. 102,922
Interference No. 103,088
that the AKD being tested was either the Hercules cationic
dispersants given
to them by Hercules applied to filler particles or that of
HerconŽ 48 used as an internal sizing agent.
Gill also urges that there is nothing in the record that
indicates Gill acquired the knowledge of the claimed invention
from Dumas. The record is clear that Dumas told Gill the
content of their cationic dispersant material, Gill does not
deny this. Moreover, Gill does not establish an earlier
conception.
Gill alleges that the Gill preliminary statement
indicates that Gill suggested the idea to Dumas in 1986.
However, the use of the preliminary statement as evidence is
misplaced. 37 CFR
§ 1.623(d) specifically precludes the use of a preliminary
statement as evidence in behalf of the party making it.
If Gill felt that the earlier meetings were of some
importance to challenge the charge of derivation, then it was
Gill's obligation to provide that testimony in rebuttal of the
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