Interference No. 103,146
not used during the field visit on either animals or humans.
BR1527.
ER10, ¶9. The prototype’s design had not been finalized.
BR1489. Shore had no specific recollection of putting anyone
visited on the December field visit under an obligation of
confidentiality. BR1482. From our close review of the
transcript and declaration, we regard Shore as a cooperative
and credible witness.
Shore’s declaration is emphatic in that the purpose
of the field visits was to solicit comments on the design of
the crude prototype latex disk device. ER10, ¶10. The best
evidence for this is the express language of the Shore memo
itself wherein it is stated:
The purpose of the field visits was to
present our prototype closed injectate
system to prospective users, obtain their
comments, and finalize design criteria for
the construction of 500-1000 prototype
systems. BX-16, ¶1 (emphasis supplied).
We find it extremely relevant that an internal Edwards
memorandum states that design issues were the reason for the
field visit. Shore had nothing to hide from his coworkers, and
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