Interference No. 103,414
challenged any of the testimony or exhibits of the inventors as
lacking corroboration.
C. Findings of Fact
Henry agrees with and adopts (H.Br. 3 3) Ellis's
Statement of the Facts (E.Br. 4-14), which are provided as an
Appendix to this opinion and include citations to the supporting
exhibits and testimony. With the exception of Ellis's assertion,
discussed infra, that Southco designed the pre-existing rivet
(Statement of Facts, ¶ 6), we adopt Ellis's Statement of the
Facts as our own Findings of Fact.
D. The parties' positions
Henry does not dispute Ellis's claim that the evidence
establishes conception and an actual reduction to practice of the
following two different rivet designs prior to Henry's
December 9, 1992, filing date:
(a) a "three-stage" rivet (EX 9 and 12-14) that
includes three cylindrical shank portions of different diameters,
which rivet is not shown in the drawings of Ellis's involved
application but is described therein (Spec. at 7:11-14); and
(b) a subsequently developed "partially tapered" rivet
(EX 15 and 18) that includes two cylindrical shank portions of
different diameters joined by a tapered shank portion, which
rivet is depicted in Ellis's application drawings.
3 Henry's brief. Ellis's opening and reply briefs are
identified herein as "E.Br." and "E.Rep.Br." Ellis's records and
exhibits are identified as "ER" and "EX."
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