6. A working prototype of my invention was completed prior to October 19,
1992. Photographs of my working prototype are attached hereto as Exhibit C.
7. The working prototype referred to above is still within my possession and
control.
8. On October 19, 1992, I used the prototype of my alphabetic telephone
dialing apparatus to order flowers for my wife's birthday.
Preliminary Statement of William Solomon, p. 2. Exhibit C is two color photographs. The photographs
show two different views of what appears to be a conventional telephone having 12 push button keys, a
standard computer keyboard and a blue cable which appears to connect the key board to the phone. The
actual connections of the phone and the keyboard to the cable are not visible.
Miroslaba Recalde testified that
5. [Solomon] continued to work on developing his invention and, sometime
prior to October 19, 1992, William Solomon constructed a working prototype.
6. On October 19, 1992, my birthday, William Solomon used the prototype
of his invention to order flowers for me.
7. Photographs of the working prototype William Solomon developed and
used on October 19, 1992 are attached hereto as Exhibit B.
Declaration or Miroslaba Recalde, p. 2, bracketed material added. Exhibit B is two different color
photographs showing essentially the same components shown Exhibit C attached to Solomon’s testimony.
Solomon’s evidence fails to establish an actual reduction to practice. Neither Solomon’s testimony
and exhibits nor Recalde’s testimony and exhibits establish the existence of every feature of at least one
alternative of the count. Neither the testimony nor photographs establish that the numeric key pad and the
computer keyboard were interconnected in the manner required by each of the count alternatives. Thus,
the evidence does not show at least the following:
(1) a numeric key pad and a character key pad directly connected to a tone generator
(Bhagavatula Claim 1);
(2) a plurality of button groups with each button in the group connect to cause the same output
(Bhagavatula Claim 5);
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