CHILD et al. V. KOLAR et al. - Page 27




                 Interference No. 102,408                                                                                                              


                 26 USPQ2d at 1036; see also Mikus, 542 F.2d at 1153, 191 USPQ                                                                         
                 at 573 (“objective sought in requiring independent                                                                                    
                 corroboration of reduction to practice of a chemical                                                                                  
                 composition is to insure that the inventor actually prepared                                                                          
                 the composition”).  Manifestly, there must be some evidence                                                                           
                 independent from the inventor which corroborates the actual                                                                           
                 reduction to practice.  See Reese,                                                                                                    
                 661 F.2d at 1228, 211 USPQ at 942 ("adoption of the 'rule of                                                                          
                 reason' has not altered the requirement that evidence of                                                                              


                 corroboration must not depend solely on the inventor                                                                                  
                 himself").  Junior party Child has failed to present such                                                                             
                 evidence.                                                                                                                             
                          Junior party Child offers the declarations of non-                                                                           
                 inventors John C. James, Jeffrey B. Medwid, Franz Scheidl,                                                                            
                 Frederick Durr, Stanley A. Lang and Bruce Heiser as                                                                                   
                 independent corroboration.   However, the testimony therein25                                                                                      

                          25For the first time in the reply brief, Child also relies                                                                   
                 on the declaration of Kimberly Miner to establish independent                                                                         
                 corroboration (CRB4).  Arguments presented for the first time                                                                         
                 in a reply brief will not be considered.  See Photis v.                                                                               
                 Lunkenheimer, 225 USPQ 948, 950 (Bd. Pat. Int. 1984) (matters                                                                         
                 not raised in the brief are ordinarily regarded as abandoned).                                                                        

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