AUSNIT V. INAGAKI - Page 15




          Interference No. 103,640                                                    



          identifies himself and his employer.  We fully credit Edelman               
          as an expert in, at least, plastic zipper profile extrusion,                
          although his experience with form, fill, and seal machines is               
          somewhat limited.  IR118-119. 8  In 3 Edelman states the legal             
          conclusion that it would not have been obvious to combine the               
          teachings of the ‘787 and the ‘533 Ausnit patents.  With respect            
          to this paragraph, we are in agreement with the APJ that an                 
          expert’s opinion on the legal conclusion of obviousness is                  
          entitled to no weight.  "An expert's opinion on the ultimate                
          legal conclusion is neither required nor indeed 'evidence' at               
          all."  Mendenhall v. Cedarapids Inc. , 5 F.3d 1557, 1574,                   
          28 USPQ2d 1081, 1096 (Fed. Cir. 1993), cert. denied, 511 U.S.               
          1031 (1994) (quoting Nutrition 21 v. United States , 930 F.2d 867,          
          871 n.2, 18 USPQ2d 1347, 1350-51 n.2 (Fed. Cir. 1991)).   See also          


          Avia Group Int'l, Inc. v. L.A. Gear Cal., Inc. , 853 F.2d 1557,             
          1564, 7 USPQ2d 1548, 1554 (Fed. Cir. 1988).  In any event, we               
          additionally point out that the declaration does not qualify                
          the declarant as an expert in patent law.                                   
                    In 3, Edelman premised his conclusion on an alleged              


               8 Here again, we point out that our consideration of the               
          Edelman record has only been to the extent of considering the               
          cross-examination that is pertinent to the first Edelman declara-           
          tion.                                                                       
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