Interference No. 103,446
any other person at Bayer knew in 1986 the nature of the mica
filler used in the preparation and testing of the plaques.
While Sanns claims to have taken photographs of the
mica he allegedly measured, said photographs are not of record
in this proceeding. Additionally, nothing in Sanns' testimony
or in the record before us, evidences that Sanns appreciated
that WG-2 mica had a particle size of less than 1.5 microns or
an aspect ratio of greater than 40 as required by Count 1.
Indeed, Sanns' memorandum of invention only mentions the mica
by its proprietary name "WG-2" and does not satisfy Count 1
with respect to either particle size or aspect ratio. Sanns'
notebook page attached to the memorandum of invention only
speaks of an aspect ratio of "greater than 20 or 30" and a
particle size "smaller than 1/64 inch".
In our opinion, Martinez is attempting to prove,
nunc pro tunc, that the work performed for Sanns in 1986 and
1988 is transformed via the stipulation of the parties to an
actual reduction to practice relating back to the date of the
actual work. However, as we have stated above, establishing a
reduction to practice, nunc pro tunc, is not possible.
16
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: November 3, 2007