Appeal No. 1997-2021
Application No. 08/500,231
the month of April 1987, while, on the other hand, the
subsequently filed declaration on July 31, 1995 does not
include the year in which Mr. Goman saw the operation of the
booth at the Commercial Craft facility even though the
declaration of this date indicates an agreement as to
confidentiality. The initial declaration contains no
statement as to where the booth was located when it was seen
by the declarant. Again, any events that occurred after the
critical date are not probative of the issue before us as it
applies to Mr. Goman.
As to the third individual in question, Mr. McLaughlin,
his initial declaration of July 31, 1989 indicates that he saw
the
prototype video booth operating satisfactory during the month
of March 1987. While not indicating any sense of any
agreement as to confidentiality in this declaration, it cannot
be determined
from this declaration that he saw the operation of the
prototype
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