CHRIST et al. V. BLAKE - Page 17




          Interference No. 103,435                                                    




                    project and one that was not widely known                         
                    in the company. (B.R. 0545)                                       

          Further, Gene Currie who was a consultant at Allergan during                
          the period that Larry Blake was a consultant, testifies that                
          the Allergan staff was hostile toward Larry Blake and Gene                  
          Currie (B.R. 0408).  This was also corroborated by Kenneth                  
          Mayhan who testifies that Larry Blake had a method of                       
          operating that he just simply did not like (C.R. 0183).  This               
          hostility might have lessened the opportunities Larry Blake                 
          had to learn about plasma and corona treatment of haptics.                  
               Although Mark Tung testifies that Larry Blake recommended              
          the use of plasma to join two inert materials, this does not                
          establish that the invention was communicated to Larry Blake                
          (C.R. 0532).  We also note that there are no sign in and sign               
          out sheets in the record to prove that Larry Blake entered the              
          lab where plasma work was being done.                                       
               In view of the foregoing, it is our view that the Junior               
          party has not proven that Larry Blake knew about the plasma                 
          and corona work being done at Allergan just by virtue of his                
          position as a consultant at Allergan.                                       

                                          17                                          





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 3, 2007