CAVANAGH V. MCMAHON et al. - Page 4




          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  Next 

Last modified: November 3, 2007