Interference No. 103,029
have prevented the senior party from developing evidence to
support an allegation of derivation before the date on which
the request to amend the preliminary statement was filed.
First, the senior party points to the stipulations that were
filed by the parties on December 23, 1993. These stipulations
were developed and signed by the parties on December 16 and
17, 1993 in order to obviate a motion for additional discovery
filed by Barnhouse and withdrawn concurrently with the filing
of the stipulations. According to Barnhouse, the stipulations
represent the first concrete evidence that the samples used by
Federl and Kipouras in the set(s) of experiments as reported
in comparative examples C1 to C5 and C10 and as examples 6-9
of U.S. Patent 4,588,773 and the set of experiments reported
in table VI in KX-15 were the copolymer samples furnished to
Borg-Warner via Barnhouse from Goodrich.
The following represents our findings of fact with
regard to the motions to amend the preliminary statement.
Beginning about 18 months before the filing of the Federl
application, Barnhouse was supplying ECH/EO to Federl and
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