CHILD et al. V. KOLAR et al. - Page 29




          Interference No. 102,408                                                    


          product of an "organized research program" requires some form               
          of independent corroboration.  See Reese, 661 F.2d at 1228,                 
          211 USPQ at 940 ("adoption of the 'rule of reason' has not                  
          altered the requirement that evidence of corroboration must                 
          not depend solely on the inventor himself"); Berges v.                      
          Gottstein, 618 F.2d 771, 774, 205 USPQ 691, 694 (CCPA 1980)                 
          (although facts set forth "a highly organized procedure                     
          routinely practiced," additional corroboration was provided by              
          relevant related independent events).                                       
               Finally, for the first time in its reply brief, junior                 
          party Child relies on Blicharz v. Hays, 496 F.2d 603, 181 USPQ              
          712 (CCPA 1974), to advance a theory of corroboration based on              
          a comparison of laboratory notebooks and its subsequently                   
          filed patent application (CRB4).  Arguments presented for the               
          first time in a reply brief will not be considered.  See Ernst              
          Haas Studio, Inc., 164 F.3d at 112, 49 USPQ2d at 1379 ("An                  
          attempt is made in the Reply Brief to supply what was                       
          conspicuously omitted in the main Brief . . . .  However, new               
          arguments may not be made in a reply brief . . . and we                     
          decline to entertain the theories so proffered.").  Therefore,              
          we have not considered the argument.                                        

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