provided any evidence corroborating the authenticity and the date of the document.  The existence of a                        
                document disclosing the conception must be corroborated.   Compare, Reese v. Hurst, 661 F.2d 1222,                            
                1231, 211 USPQ 936, 945 (CCPA 1981)  (uncorroborated notebooks did not establish the date of                                  
                invention) with Price v. Symsek, 988 F.2d 1187, 1195, 26 USPQ2d 1031, 1037 (Fed. Cir. 1993) (date                             
                and authenticity of documents corroborated by a non-inventor who testified to seeing the document around                      
                the time it was dated).                                                                                                       
                         Considering all the evidence relating to conception, Solomon has failed to prove, by a                               
                preponderance of the evidence, a date of conception of his invention prior to Bhagavatula’s filing effective                  
                filing date of December 8, 1993.                                                                                              
                                 4.               Diligence                                                                                   
                         As part of the evidence, Solomon as submitted a sealed envelop. Solomon asserts that                                 
                                 On November 15, 1993, I wrote and mailed a brief description of invention  to                                
                                 myself.  The actual sealed envelope, postmarked November 15, 1993 containing                                 
                                 this brief description is attached hereto as Exhibit E.                                                      
                Preliminary Statement of William Solomon, p. 2,  11.  Exhibit E is an apparently  sealed envelope bearing                    
                the following handwritten address:                                                                                            
                                 William Solomon                                                                                              
                                 4818 W. R[ineligble]                                                                                         
                                 Chicago, IL 60641                                                                                            
                The envelope also bears a return address sticker with the following:                                                          
                                 Mr. William Solomon                                                                                          
                                 4818 W. Roscoe St # 2                                                                                        
                                 Chicago, IL   60641                                                                                          

                The letter is post marked:                                                                                                    

                                                                    - 14 -                                                                    

Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007