Interference No. 103,322
filed after January 1, 1996, well after both the alleged5
reduction to practice and the senior party’s filing date. It
is of no assistance to Linkletter in this case.
Secondly, Welling did not give evidence with respect
to LX-2 in his declaration. Thus, the memo from Linkletter to
Welling is uncorroborated. The only evidence with respect to
the alleged reduction to practice are declarations from
Linkletter and Musil, the coinventors, and, thus, the senior
party has provided no corroboration for any reduction to
practice in February 1990.
Finally, the evidence respecting a reduction to
practice consists of a few merely conclusory statements from
Linkletter and Musil. Therefore, this panel, as fact finder,
has no facts on which to base a determination of a reduction
to practice. Neither the structure of the exact modification
installed, nor the conditions of any test or operation of the
device are described. Such conclusory evidence cannot support
a determination of a reduction to practice by a preponderance
5Public Law 103-465 § 531(b).
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