PACHOLOK V. HUTMACHER et al. - Page 4



               Interference No. 103,830                                                                                              


                       4. Whether Hutmacher’s motion to redefine the interfering subject matter, which motion                        
                           was deferred to final hearing, should be granted.                                                         
                                               Pacholok’s Record Re Priority                                                         
                       The junior party’s record is to the following effect.                                                         
                       During December of 1992, Pacholok developed a first prototype pulser for stopping cars                        
               during a high speed chase.  At about that time, a test was conducted wherein the pulser was                           
               connected by long leads and alligator clips to the underside of a stationary automobile.  The                         
               vehicle’s radio and alternator were disabled during the test but the engine operation was                             
               unaffected.  Pacholok was not satisfied with the test results.                                                        
                       Pacholok wrote up an invention disclosure and submitted it to R. Winston Slater, a patent                     
               attorney, on December 30, 1992 (Exhibit pages B4-B12).  Pacholok prepared an addendum to his                          
               disclosure and sent it to Slater on or about February 19, 1993 (Exhibit pages B22-B28).  During                       
               February and March 1993, he completed assembly of a second pulser, and ran tests on                                   
               March 13 and 17, 1993 in the presence of Mark Elliot, an electronics consultant and friend.  The                      
               pulser permanently stalled a running engine on March 17.  A copy of the results of each test was                      
               sent by fax to Slater on March 21, 1993 (Exhibit pages B29-B30) and Pacholok sent an updated                          
               invention disclosure entitled LOW-COST SIMPLIFIED CAR KILLER INVENTION                                                
               DISCLOSURE to Slater on that same date (Exhibit pages B31-B32).                                                       
                       From April through August 1993, Pacholok worked toward miniaturizing his device so                            
               that a car could drive over the housing of the pulser.  Pacholok finished a simplified and                            
               miniaturized model built from a storage container with a 100KV capacitor and a self-contained                         
               inverter, battery, voltage multiplier and a pull-chain switch to turn the unit on and off.  The                       
               capacitor to car electrodes were stiff HV wire inserted into plastic tubes, and so allowed                            
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