BRASHEARS V. LINKLETTER et al. - Page 11




          Interference No. 103,322                                                    



          the drum mixer, as described by Tubay, satisfies all the terms              
          of the count.  Therefore, the junior party has provided                     
          corroborated evidence of a successful test of the invention as              
          of the     April 20, 1990 date.  Accordingly, we credit the                 
          junior party Brashears with an actual reduction to practice of              
          the subject matter of the interference as of April 20, 1990.                


                                    Senior Party                                      
                    Senior party Linkletter’s record consists of the                  
          declaration testimony of four witnesses--the two co-inventors,              
          Linkletter and Musil, and Messrs. Schlarmann and Welling.                   
          Linkletter stated that he conceived of the invention on June                
          20, 1989 and recorded the invention in his notebook on June                 
          21, 1989.  LR3.  LX-1 (referred to in the declaration as                    
          exhibit A) is two pages from Linkletter’s notebook dated June               
          21, 1989.  These pages are also signed by Schlarmann, who                   
          stated that he read and understood these pages of the notebook              
          on June 21, 1989.  LR10.  We, therefore, credit Linkletter                  
          with a corroborated conception of the subject matter of the                 
          interference on June 21, 1989.                                              


                                          11                                          





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007