Interference No. 102,712
34-38, 98). On the other hand, Augustine’s specification (p.
10, l. 11-16) indicates that the “most preferred” whisker
content is about 20%. This noncorrespondence is consistent
with the view that Augustine did not consider the WG-300
embodiment of his invention to be better than any other, at
least in terms of whisker content.
Finally, in reviewing the numerous court decisions cited
by Suzuki and Augustine relating to the “best mode” issue, we
find that our view of the facts and our legal conclusions are
consistent with case law for the reasons noted by Augustine
(AB 46-8; ARB 70-88). Since the case law has been thoroughly
addressed by Augustine, we find it unnecessary to do so here
on a case-by-case basis. Suffice it to say that our
evaluation of the evidence before us is consistent with the
two-step analysis set out in Chemcast Corp. v. Arco Industries
Corp., 913 F.2d 923, 927-28, 16 USPQ2d 1033, 1036-37 (Fed.
Cir. 1990). Essentially, our evaluation of the evidence as a
whole led us to conclude that Suzuki has failed to establish
that the best or preferred mode contemplated by Augustine of
carrying out his invention is limited solely to the WG-300
embodiment. From the evidence, it does not appear that
Augustine considered the WG-300 embodiment “to be better than
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