Interference No. 102,755
and identifying a number of matters requiring investigation. 16
Gillespie testified that "[s]ometime later, I was told that
the Patent Department would prepare a patent application once
the invention had actually been reduced to practice and
substantiated" (NR 17, ¶ 11). Gillespie further explains that
he
subsequently learned that a patent
application on a substantially identical
invention conceived by John Nedelk was
filed for Taxi Brake Select, as the concept
is now referred to in our company. I
informed Arnold Beck that I believed I
conceived of this invention. However, I
was advised that Mr. Nedelk had conceived
of the invention on a date prior to the
conception date noted in my Invention
Disclosure, i.e., September 19, 1985.
Accordingly, the Patent Department
determined that John Nedelk would be the
named inventor of this patent application.
[NR 17, ¶ 12.]
On cross-examination, Gillespie explained that he does not
recall who told him that Nedelk was the first inventor or when
he was so informed (NR 426:23 to 429:14). His testimony
therefore leaves open the possibility that this information
was obtained directly or indirectly from Nedelk rather than
from Beck and thus lacks the requisite independence from the
Webb, when asked if any of his recommended further16
investigations were carried out, responded that he could not
recall. Webb, NR 309:16-20.
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