NEDELK V. STIMSON et al. - Page 8



            Interference No. 102,755                                                                   


                        (b) Beck affidavit, NR 6-12, ¶¶ 7 and 9-25, and NE                             
            10-34.  Paragraph 7 is alleged to be irrelevant because it "is                             
            no more than Becks' [sic] thoughts after hearing Nedelk's                                  
            alleged concept."   In our view, Beck's understanding of10                                                                     
            Nedelk's concept is relevant to the question of whether Beck                               
            can corroborate Nedelk's alleged conception.  The objections                               
            raised in paragraphs 9-25 are the same as those raised against                             
            Nedelk's affidavit and are unconvincing for the reasons given                              
            above.                                                                                     
                        (c) Gillespie affidavit, NR 14-17, all paragraphs,                             
            and NE 35-45.  Stimson objects to this affidavit as concerning                             
            only Gillespie's alleged independent conception and thus being                             
            irrelevant to Nedelk's priority case.   In our view, the11                                             
            affidavit is relevant because Gillespie is being relied on to                              
            prove he was told that Nedelk was the prior inventor of the                                
            subject matter in issue.                                                                   
                        (d) Zarembka affidavit, NR 21-23, all paragraphs,                              
            and NE 53-276.  Stimson argues that this affidavit is                                      
            irrelevant because it is "no more than Mr. Zarembka's views on                             
            brake wear and brake systems on the Fokker 100[,] which arose                              


              Id. at 11.10                                                                                   
              Id. 11                                                                                   
                                                - 6 -                                                  



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007