ROBERGE V. STAPLES - Page 9




          Interference No. 103,345                                                    


          description of these embodiments.  When the first embodiment                
          is employed in a palatal expander, which includes means for                 
          transferring pressure from the jack screw mechanism to the                  
          side regions of a patient's mouth, the resulting device                     
          clearly satisfies all of the limitations of the count.                      
          Although Sharma did not discuss the search request identified               
          as Roberge Exhibit 1, his testimony establishes by a                        
          preponderance of the evidence he received that request on or                
          before June 16, 1992.  Specifically, he testified  that he14                         
          prepared the search report identified as Exhibit B to his                   
          affidavit (Roberge Ex. 2) to Pellemans on June 16, 1992, the                
          date appearing on the report.  This report, like Pellemans's                
          search request, indicates it relates to a "MECHANISM FOR                    
          ADJUSTING PALATAL EXPANDER" and includes reference number                   
          "29275-1."  This testimony is sufficient to establish that a                
          description of the subject matter of the count was received                 
          and understood in this country no later than June 16, 1992,                 
          when the search report was prepared.  As a result, Roberge is               
          entitled to a June 16, 1992, date of conception in this                     
          country.  Kondo v. Martel, 220 USPQ 47, 50 (Bd. Pat. Int.                   

            Sharma Aff., RR 10, para. 4.14                                                                     
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