Interference No. 102,755
application and in the '756 interference, were advised of this
prior use in a telephone conversation with Hal Smith, of
Northrup. The motion included (at 2) a request under
§ 1.639(c) for the APJ to "order that the testimony of Hal
Smith, and any other competent witness able to testify to the
facts of earlier invention of the subject matter of the count,
be taken." The motion also requested that a decision be
deferred until final hearing, pending the outcome of such
testimony.
Next, on October 23, 1992, which was after the close
of the preliminary motion period but before the parties were
required to serve their preliminary statements, Stimson filed
a § 1.628 motion in each interference for leave to correct23
his preliminary statement by adding the following paragraphs:
(E) Importation of the invention into
the United States at least as early as
August 21, 1987 (see the attached file note
sub-titled "Notes on Meetings held with
Delta Air Lines in Atlanta August 21/87" --
7 pages by L. Fitzgerald of Dunlop
Aviation, including a one-page cover letter
from L. Fitzgerald (in the USA);
(F) A three-page report from G.
Carrier (one of the inventors) under date
of "8-10-87" (October 8, 1987) reporting
the results of some dynamometer tests L.
Fitzgerald and R. Errett in Seattle).
Paper No. 17 in this interference.23
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