NEDELK V. STIMSON et al. - Page 43



            Interference No. 102,755                                                                   


                        information had not been available earlier                                     
                        in the proceeding.  [Paper No. 40, at 5.]                                      
            DeYoung's accompanying affidavit reads in pertinent part as                                
            follows (NR 501):                                                                          
                        2.    In the course of fact finding relative to                                
                              this interference, I have become aware that                              
                              Elizabeth Harasek, Esq. and Garrett                                      
                              DeVlieg, both employees of Boeing                                        
                              Corporation, engaged in a telephone                                      
                              conference with Hal Smith of Northrup                                    
                              Corporation of Dayton, Ohio, on July 20,                                 
                              1992, and were advised by Mr. Smith that                                 
                              the concept of applying and/or inhibiting                                
                              selected portions of the brakes on an                                    
                              aircraft when the aircraft speed was below                               
                              a predetermined threshold level was                                      
                              practiced at least as early as the mid-                                  
                              1960's in conjunction with the XB-70                                     
                              program at Edwards Air Force Base in                                     
                              California.                                                              
                        3.    After I obtained the information set forth                               
                              in paragraph 2, above, I questioned the                                  
                              accuracy of Mr. Smith's recollection and,                                
                              based upon conversations that I then had                                 
                              with other personnel at ABSC, I formed the                               
                              opinion that the brake modification                                      
                              undertaken on the XB-70 aircraft may have                                
                              dealt with pressure regulation on the                                    
                              brakes, or may have dealt with selective                                 
                              inhibiting and enabling of the brakes at                                 
                              lower speeds.                                                            
                        4.    In an attempt to further explore this                                    
                              matter, we sought documents under the                                    
                              Freedom of Information Act (FOIA) relative                               
                              to the brake control system on the XB-70                                 
                              aircraft.  While we have obtained some                                   
                              documentation relative to the development                                
                              of the brake control system on that                                      
                              aircraft, other documentation which is                                   
                              known to exist has still not been released                               

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