MEHROTRA et al. V. MEHROTRA et al. V. SUZUKI et al. V. - Page 20




          Interference No. 102,712                                                    

               Suzuki relies heavily upon statements made by Augustine                
          which at first appear to suggest that the WG-300 substrate was              
          indeed considered to be “best” for carrying out his invention               
          (AR-4, 89-93; SR-183).  However, we agree with Augustine that               
          this testimony and other evidence relied upon by Suzuki is                  
          consistent with Augustine’s view of the facts, as aptly                     
          expressed at ARB-40, 44-50 and 91.  According to this view,                 
          which we believe represents a more accurate and comprehensive               
          assessment of all the evidence before us, WG-300 was chosen as              
          a substrate for testing purposes primarily because of its                   
          ready availability, and not necessarily because Augustine                   
          considered it to be better than any other SiC whisker-                      
          reinforced alumina substrate, the generic category of                       
          preferred substrate materials disclosed by Augustine.                       
          Augustine’s “best mode” encompassed more than just WG-300.  To              
          the extent Augustine may have contemplated a best mode, he                  
          disclosed that to be the preferred application of an alumina                
          coating to a SiC whisker-reinforced alumina substrate, and had              
          reached no definite conclusion that WG-300 was better in a                  
          technical sense than any other substrate within the preferred               
          category (AR-166, 170, 171, 172).                                           


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