Interference No. 103,446
for control plaques (SR21; 23-25; SX2). Bain then took DOI
readings of the plaques and entered them in his notebook
(SR19; SX2). Bain prepared a report which included the
results of his testing. Both Dr. Taylor and Sanns reviewed
Bain's report on his efforts (SR295; SR540).
In April 1988, Sanns sent a memorandum to Mr. Preis,
Bayer's patent counsel, outlining some specifics concerning
further work related to his memorandum of invention (SX40).
Sanns was becoming frustrated with Preis because a patent
application had not yet been filed (SR402). Ultimately,
Sanns' first patent application directed to the subject matter
of the count in this interference was filed in June 1989.
In his brief, Sanns urges that he actually reduced
to practice an embodiment within the count not later than July
21, 1988, the date the parties have stipulated as the date it
was first appreciated by Sanns that the mica used by him in
the February 1986 and March 1988 plaques satisfied the
limitations of Count 1 with respect to the thickness and
aspect ratio of the mica filler (Sanns' main brief, p. 29).
Martinez urges that the date of an actual reduction to
practice is earlier than the date of the stipulation.
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