Interference No. 103,169
?redissolved” polymer (CB, paragraph bridging pages 9-10);
and
...the events at Celanese show that Chenevey had a clear conception of the
Count by at least about January, 1983 when its proposal to the Air Force
was prepared. See Chenevey Exhibit 1.....The technical details included the
evidence of Chenevey’s long experience with PBT including extruding by
way of a mandrel die and blowing tubular film (Chenevey Exhibit 1, p. 2); use
of the polymerization mixture which had already been found by Chenevey to
be superior, Chenevey Exhibit 1, p. 5; and using a coagulation bath
containing a phosphoric acid solution or merely water alone, Chenevey
Exhibit 1, Page 8. Chenevey already had knowledge of what worked and
what did not (CB, page 45).
Baars et al. argue that Chenevey et al. failed to establish a corroborated conception
because of the lack of certainty as to the date of the proposal and the lack of corroboration
thereof.
Chenevey et al. rely upon pages 2, 5, 8 and 9 of CX 1 for conception. In our view,
the pages of the exhibit cited in the brief are not sufficient to establish conception.
12 13
Exhibits do not speak for themselves. They require authentication as to author, content,
12Amoss v. McKinley, 195 USPQ 452, 453-454 (Bd. Pat. Int. 1977). The extent to
which an exhibit is explained depends on the simplicity or complexity of the subject matter
as well as the technical background of the tribunal hearing the case. Rivise, supra, Vol. III,
§ 435, page 1891. The witness’s explanation as to authorship and content of a document
is to be sufficiently clear and detailed as to specific entries in the exhibits relied upon by a
witness in order for the Board to make a proper analysis of the record.
13Authentication is defined as ?genuineness” and is said to be established, when it
is proved to be the thing it is supposed, or represented, to be. Rivise, supra, Vol. IV, §563,
page 2148; see also FRE 901. An exhibit may be authenticated by oral testimony of a
(continued...)
20
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: November 3, 2007