Interference No. 103,345
fraud." Berry v. Webb, 412 F.2d 261, 267, 56 CCPA
1272, 162 USPQ 170, 174 (1969).
In the absence of any corroboration, Jeffrey Staples's
testimony that the invention was conceived on December 2,
1979, is entitled to no weight. The same is true of his
testimony about making the first and second models in 1980 and
1990.
We note that Staples also has failed to demonstrate
that any of the devices depicted in the December 7, 1979,
drawings (Exhibit I) satisfy all of the limitations of the
count, as is required to establish conception. Coleman,
754 F.2d at 359, 224 USPQ at 862; Davis v. Reddy, 620 F.2d at
889, 205 USPQ at 1069. Specifically, Staples has not shown
that the drawing includes the required
gear means operatively connected to said
threaded member for enabling selective manual
rotation thereof, said gear means including a first
gear fixed to said threaded member and a second gear
mounted in driving relationship with the first gear,
said second gear including means for enabling manual
rotation thereof.
Jeffrey Staples's testimony that the drawing in the lower19
left-hand corner of this exhibit shows "a first gear fixed to
Supp. Aff., SR 5, paras. 1-2.19
- 17 -
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: November 3, 2007