Interference No. 103,322
the modification of the drum mixer to accept the baffle of the
invention starting on January 3, 1990. BR14, 15. BX-9 and 10
are service reports of Dan Becker that attest to the same
modifications. BR21. Johanningmeier and Becker state that on
January 16, 1990 they witnessed a test of the diverter valve
to test if it would pivot as designed. It did so. Since
there was no use for asphalt paving hot mix in January, only
pivoting of the baffle was tested, no aggregate was fed into
the machine and the burner was not used. BR16, 23; BR28.
Brashears also provided a declaration by Mark Tubay.
Mr. Tubay is an employee of Palumbo Brothers. Orange Crush is
a subsidiary of Palumbo Brothers. BR25, 26. Tubay also
observed the mechanical test of the invention on January 16,
1990. BR28. Tubay states that at least as early as April 20,
1990, the
modified mixing drum was run in commercial operation.
Aggregate was supplied to the drum, the burner was ignited,
and the actuator motor was operated to move the baffle to form
a channel in the veiling aggregate to allow some hot gases to
bypass the veiling aggregate to control the temperature of the
gas exhausting from the drum mixer. BR29. The operation of
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