BRASHEARS V. LINKLETTER et al. - Page 8




                 Interference No. 103,322                                                                                                               



                                   approach is required to determine if the                                                                             
                                   testing is sufficient.  What is required is                                                                          
                                   that it be reasonably certain the invention                                                                          


                                   will perform its intended function in                                                                                
                                   actual use.  The tests must be sufficient                                                                            
                                   to establish utility beyond probability of                                                                           
                                   failure, and must be sufficient to give                                                                              
                                   assurance the device will operate under                                                                              
                                   normal working conditions for a reasonable                                                                           
                                   length of time [citations omitted].                                                                                  


                                                                 Junior Party                                                                           
                                   The junior party inventor states that at least as                                                                    
                 early as September 25, 1989 he became aware that the exhaust                                                                           
                 gas tem- perature from the drum into the baghouse was                                                                                  
                 sometimes too low, causing condensation in the baghouse.                                                                               
                 BR3.   He further states that at least by October 3, 1989 he4                                                                                                                              
                 conceived the concept of locating a baffle plate on a shaft                                                                            
                 inside the drum within the veiling aggregate to control                                                                                
                 exhaust gas temperature.  BR4.    BX-1 is a letter addressed                                                                           


                          4The Brashears record will be abbreviated BR followed by                                                                      
                 the appropriate page number.  The Brashears exhibits will be                                                                           
                 designated BX- followed by the appropriate exhibit number.                                                                             
                 Likewise, the Linkletter record and exhibits will be referred                                                                          
                 to as LR and LX- respectively.                                                                                                         
                                                                           8                                                                            





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