Interference No. 103,029
As for other extrinsic evidence, Giles, Kipouras’
expert, testified that it was his belief that the test data
recorded in KX-15 was the source for the Federl patent’s Table
1. KR355-56. In our view, this is speculation on the part of
Giles, and this testimony is entitled to but little weight.
Giles also testified that the 50/50 ECH/EO copolymer of Table
1 “has to be” 50/50 by weight to achieve the discharge amount
reported in Table 1. KR349-50. Barnhouse, who reviewed the
data, was astounded at the amount of discharge, but agreed
that the amount of discharge was more likely attributable to a
50/50 weight ratio of copolymer of ECH/EO rather than a molar
ratio in the ECH/EO copolymer. KR642-43. However, Barnhouse
was skeptical that even a 50/50 weight copolymer of ECH/EO
would give this amount of discharge, and he was of the view
that this amount of
discharge was due to synergistic effects with other
ingredients. KR643-645. Based on Barnhouse’s reservations,
which we credit, we are of the view that the testimony of
Giles with respect to the amount of ECH/EO in the Federl
examples is entitled to some weight, but is not so probative
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