Interference No. 102,755
While conception of the invention by oral
testimony of the inventor unsupported by
contemporaneous documents is permitted
(Sabo v. Neu and Wilhelm, 148 U.S.P.Q. 378
(Bd. Pat. Interf. 1964)), the absence of
documentation as to Nedelk is contrasted to
the presence of documentation as to
Gillespie, an[] employee with the same
company for the same invention at the same
time. [SMB 10.]
This argument is unpersuasive because documentary
corroboration, though preferred, is not required. See Reese
v. Hurst, 661 F.2d 1222, 1225, 211 USPQ 936, 940 (CCPA 1981)
(independent corroboration may consist of testimony of a
witness, other than the inventor, or it may consist of
surrounding facts and circumstances independent of information
received from the inventor).
Turning now to the evidence, Boeing invited
representatives of Goodyear Aerospace Corporation (GAC), one
of the two predecessor corporations to Aircraft Braking
Systems Corporation (ABSC), to Seattle to discuss a problem13
it was experiencing with the Dunlop carbon brakes that were in
use on the Boeing 757. As explained in John Nedelk's April
In 1987, GAC was purchased by Loral Corporation and became13
one of its four divisions (Milliken, NR 187:21 to 188:16).
Beginning in April 1988, these four divisions were converted into
four separate companies, including ABSC (Milliken, NR 188:21-22).
- 10 -
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007