Interference No. 103,029
Kipouras under a non-analysis agreement. GD¶6. The17
agreement
specified that the samples were provided in confidence and
were
for testing and evaluation purposes only. No other use of the
samples was permitted under the agreement, and the agreement18
was to remain in effect for three years from its inception.
GD¶6. When the original Barnhouse preliminary statement was
filed, Barnhouse had every reason to suspect that the
agreement had been abided by, and the ECH/EO referred to in
the Federl application was presumed by the party Barnhouse to
have been from a source other than Barnhouse and Goodrich.
GD¶7. This appears to have been a reasonable assumption since
the Federl patent inventors would not have known the
composition of the ECH/EO from
17 The Green declaration (Paper No. 53, December 23,
1993) filed in support of the first motion to amend the
preliminary statement will be abbreviated GD.
18 According to Green, this would include use as the
basis of a patent application, a construction of the agreement
that appears reasonable on its face. GD¶8.
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