Appeal No. 1998-0129 Page 11
Application No. 08/438,062
decision. The third is the Declaration of Carlos A. Paz de
Araujo (Araujo Declaration).
Turning to the Araujo Declaration, appellants assert
(brief, page 8) that “Symetrix and Matsushita have received
the Okouchi award for the presently claimed devices.” We find
that Exhibit A of the Araujo Declaration states that “MEC
received the Okouchi Award . . . for the “GaAs MMIC
Technology" derived from the MEC/Symetrix collaboration
efforts. . . .” It does not specifically state that the Award
was to “Symmetrix and Matsushita” as asserted by appellants.
Exhibit A (page 2) states that the Award was “for GaAs MMICs
integrating BST capacitors.” We note, however, that the
Okouchi award was not for appellants’ capacitor, per se, but
rather for the GaAs MMIC technology integrating appellants’
capacitor into a mobile phone. We take note of appellants’
statement (brief, page 8) that “[t]he Okouchi award that is
shown in Exhibit A attached to the Declaration is perceived by
many persons to be Japan’s most prestigious electronics
industry award for innovation and achievement.” Appellants
further assert (id.), as evidence of “huge commercial
success,” that as of the time of the Declaration, the claimed
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