Interference No. 103,446
We have also considered Sanns' memorandum of
invention (SX21) as evidence of Sanns' conception of the
subject matter of Count 1 in February 1988. However, for
reasons set forth above, the memorandum of invention and
Sanns' attached notebook page do not establish an appreciation
by Sanns as of the date of the memorandum of the limitations
of the count with respect particle size and aspect ratio. The
attached notebook page alludes only to "smaller particle size
than 1/64"" and that "aspect ratio is important for physical
reinforcement, and should be > 20 or 30." While the attached
notebook page and the memorandum refer to WG-2 mica from J.M.
Huber, appreciation of the properties of that product has been
stipulated by the parties to have occurred not later than July
21, 1988. There is no other evidence in this record to which
Martinez has directed our attention which establishes Sanns
knew of the properties as required by the count before the
stipulated date.
Accordingly, we find that Sanns, the junior party,
has established by a preponderance of the evidence, that he
actually reduced to practice an embodiment within the subject
matter of Count 1 not later than July 21, 1988. Because
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