Interference No. 103,270
are dated "12/1/88," they are not signed by anyone.
Euteneuer, who
purports to corroborate them, states in his declaration that
(KR-48, emphasis added):
I recall discussing the drawing included as
Exhibit 7 and the description shown in
Exhibit 8 with Peter Keith on December 1,
1988, or a few days thereafter. Exhibits
7-8 are true and accurate copies of the
original drawing and description I
discussed with Peter Keith on December 1,
1988, or a few days thereafter.
In addition, on cross-examination he testified at KR-532, 533
that he did not see Keith draw JPX-7, but he did see it
"shortly after it was completed," "[d]ays at the most."
Euteneuer testified as to JPX-8 that he did not see Keith
prepare it, but read it when he discussed it with Keith, which
could have been a week later than December 1 (KR-533, 534).
This testimony by Euteneuer does not corroborate that JPX-7
and 8 were prepared on December 1, but only that they were
in existence a few days (or as much as a week) thereafter.
However, a few days after December 1 is also subsequent to
Coelho's conception on December 2. Therefore, Keith et al.
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