Appeal No. 1999-0653 Page 13
Application No. 08/226,564
form of a prototype. In particular, the Folise declaration states that the declarant was contacted by the
appellant regarding a computer security slot security device involving a "T" type part that is inserted and
turned in the slot and refers to a facsimile transmission received on August 19, 1993 regarding that
invention. The attached facsimile transmission includes a short handwritten message (Exhibit A1)
regarding a patent effort involving a "T" type part that is inserted in a slot and a "unique" method to keep
it engaged in the slot and a drawing (Exhibit A2). The Folise declaration further states that further
discussions with the appellant ensued in November and December 1993, including an office conference
on December 1, 1993. At that conference, the appellant showed Mr. Folise a prototype of the
invention, which was photo imaged on a photocopy machine. A copy of that photocopy is attached to
the Folise declaration as Exhibit B. The Igelmund declaration confirms that Exhibits A1 and A2 are
accurate copies of the facsimile transmission sent to Mr. Folise on August 19, 1993 and that Exhibit B
is an accurate copy of the reproduction of the prototype which he brought to Mr. Folise's office on
December 1, 1993. The declaration of Mr. Igelmund further states that he conceived of the invention
shown in Exhibit B at least as early as June 1993 and that he worked diligently with Mr. Folise's office
in preparing a patent application thereon.
Even accepting the appellant's argument (reply brief, page 2) that the Folise and Igelmund
declarations are sufficient to establish that the appellant conceived of the claimed invention at least as
early as August 19, 1993, the date of the above-mentioned facsimile transmission to Mr. Folise, and
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007