NEDELK V. STIMSON et al. - Page 11



            Interference No. 102,755                                                                   


                        224 USPQ at 862 (quoting Fields v. Knowles,                                    
                        [37 C.C.P.A. 1211], 183 F.2d 593, 601, 86                                      
                        USPQ 373, 379 (CCPA 1950)).  However,                                          
                        "there is no final single formula that must                                    
                        be followed in proving corroboration."                                         
                        Berry v. Webb,  [56 C.C.P.A. 1272], 412                                        
                        F.2d 261, 266, 162 USPQ 170, 174 (CCPA                                         
                        1969).  Rather, the sufficiency of                                             
                        corroborative evidence is determined by the                                    
                        "rule of reason."  Price [v. Symsek], 988                                      
                        F.2d [1187,] at 1195, 26 USPQ2d [1031,] at                                     
                        1037 [(Fed. Cir. 1993)]; Berry, 412 F.2d at                                    
                        266, 162 USPQ at 173.  Accordingly, a                                          
                        tribunal must make a reasonable analysis of                                    
                        all of the pertinent evidence to determine                                     
                        whether the inventor's testimony is                                            
                        credible.  Price, 988 F.2d at 1195, 26 USPQ                                    
                        at 1037.  The tribunal must also bear in                                       
                        mind the purpose of corroboration, which is                                    
                        to prevent fraud, by providing independent                                     
                        confirmation of the inventor's testimony.                                      
                        See Berry, 412 F.2d at 266, 162 USPQ at 173                                    
                        ("The purpose of the rule requiring                                            
                        corroboration is to prevent fraud."); Reese                                    
                        v. Hurst, 661 F.2d 1222, 1125, 211 USPQ                                        
                        936, 940 (CCPA 1981) ("[E]vidence of                                           
                        corroboration must not depend solely on the                                    
                        inventor himself.").                                                           
                        Stimson argues that Nedelk's case for conception                               
            fails because it was not supported by any documentary                                      
            evidence:                                                                                  
                              Not a single piece of paper has been                                     
                        introduced to establish conception of the                                      
                        invention prior to February 16, 1988,                                          
                        Senior Party's filing date.                                                    
                              Not a single piece of paper has been                                     
                        introduced to establish conception of the                                      
                        invention by Nedelk prior to August 17,                                        
                        1988[,] the date Nedelk submitted an                                           
                        information disclosure statement to the                                        
                        corporate Patent Screening Committee.                                          

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