KIPOURAS et al. V. BARNHOUSE et al. - Page 29




          Interference No. 103,029                                                    



          based upon subsidiary factual findings [citations omitted].”                
          Price v.                                                                    
          Symsek, 988 F.2d 1187, 1190, 26 USPQ2d 1031, 1033 (Fed. Cir.                
          1993).                                                                      
                    The following represents our findings of fact with                
          respect to senior party Barnhouse’s arguments concerning                    
          derivation.  According to Barnhouse, in early 1983, Borg-                   
          Warner “expressed an interest to us [Goodrich][for us] to                   
          offer ideas and suggestions on improving electrical                         
          conductivity of ABS compounds.”  KR610.  Goodrich responded to              
          contacts between the two companies “pursuing their [Borg-                   
          Warner’s] request for assistance in antistat  development for20                              
          ABS” by supplying   Borg-Warner with both stock samples of                  
          ECH/EO copolymer and specially formulated samples of ECH/EO                 
          copolymer.  KR616; Stip.¶2 .  Hydrin 200 was Goodrich’s trade21                                                
          name for a                                                                  


               20   “Antistat” denotes antistatic or static electricity               
          dissipating materials.                                                      
               21   The stipulated facts are found in the Kipouras                    
          Record at 718-20 and in the Barnhouse record at 224-26.  The                
          Stipulated facts are abbreviated Stip. followed by the                      
          appropriate paragraph.                                                      
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