Interference No. 103,435
I distinctly remember looking at SEM photos
of etched haptics . . . I remember the
apparatus used to measure the pull strength
. . .
I remember and can corroborate the information
in the lab notebooks indicating that the test
results were positive and that plasma treating
did indeed improve the bond strength. [C.R.
0092-0093]
It is our view that the evidence establishes that the
Junior party did reduce the invention to practice. However,
the Dean Pettit testimony does not mention dates and the
Kenneth Mayhan declaration only states that this reduction to
practice occurred in the 1985 to 1987 time frame. As such, in
our view, the evidence is only effective to corroborate a
reduction to practice as of the last day of 1987 or December
31, 1987. In this respect, the date of the notebook entries
dated October 9, 1986 has not been corroborated. See Jepson
v. Egly, 231 F.2d 947, 952, 109 USPQ 354, 358 (CCPA 1956).
The Senior party argues that Christ does not allege that
it attached haptics to optics using plasma prior to its filing
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