Interference No. 102,668 were represented at the hearing on December 2, 1993. In a decision entered June 2, 1994, a three-member panel of the5 Board of Patent Appeals and Interferences (Board) held that because the first Jones affidavit and the Jones deposition testimony lacked corroboration by a noninventor, they were insufficient to make out a prima facie case of unpatentability, citing Biodex Corp. v. Loredan Biomedical, Inc., 946 F.2d 850, 860, 20 USPQ2d 1252, 1260 (Fed. Cir. 1991), cert. denied, 504 U.S. 980 (1992) ("Courts have commented on the inherent discredit that may be placed upon an inventor's testimony, especially when relating to the teachings of the prior art or to the inventor's recollection of the act of invention."). Accordingly, the panel reversed6 the APJ's decision granting the motion and remanded the interference to the APJ. McMahon filed two successive requests for reconsideration including new affidavits by Charles Schmid and Jan Lindberg, which were refused consideration on the ground that McMahon failed to show Paper No. 58.5 Decision at 14.6 - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007