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
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