CHENEVEY et al. V. BAARS et al. - Page 33




                Interference No. 103,169                                                                                                     


                261, 267, 162 USPQ 170, 174 (CCPA 1969).  A rule of reason applies to determine                                              
                whether the inventor’s testimony has been sufficiently corroborated.  Price v. Symsek, 988                                   
                F.2d at 1192, 26 USPQ2d at 1036-37.  The ?rule of reason” involves an examination,                                           
                analysis and evaluation of the record as a whole so that a reasoned determination as to                                      
                the credibility of the inventor’s story may be reached.  Berges v. Gottstein, 618 F.2d 771,                                  
                776, 205 USPQ 691, 695 (CCPA 1980); Mann v. Werner, 347 F.2d 636, 640, 146 USPQ                                              
                199, 202 (CCPA 1965).  There is no single formula that must be followed in providing                                         
                corroboration.  Whether an actual reduction to practice has been corroborated must be                                        
                decided on the facts of each particular case.  Berges, 618 F.2d at 776, 205 USPQ at 695.                                     
                Nevertheless, adoption of the ?rule of reason” has not dispensed with the requirement that                                   
                corroborative evidence must not depend solely from the inventor himself but must be                                          
                independent of information received from the inventor.  Coleman, 754 F.2d at 359, 22                                         
                USPQ at 862; Reese, 661 F.2d at 1225, 211 USPQ at 940; Mikus v. Wachtel, 542 F.2d                                            
                1157, 1159, 191 USPQ 571, 573 (CCPA 1976).  Thus, where as here, the process is                                              
                carried out by the inventors, there must be corroborated evidence that all the limitations as                                
                to the materials, the properties, the steps and the results required by the count were                                       
                present in the work performed.  Land v. Regan, 342 F.2d 92, 101, 144 USPQ 661, 669                                           
                (CCPA 1965); Vandenberg v. Reynolds, 268 F.2d 744, 747, 122 USPQ 381, 383 (CCPA                                              
                1959).                                                                                                                       
                        In order to establish a reduction to practice, Chenevey et al. rely upon                                             

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