CRAGG et al. V. MARTIN V. FOGARTY et al. - Page 9




          Interference No. 104,192                                                    
          Cragg v. Martin v. Fogarty                                                  

               15.  Upon declaration of this interference, Cragg was                  
          accorded benefit of U.S. application 08/317,763, filed October              
          4, 1994, European application EP94400284.9, filed February 9,               
          1994, and European application EP94401306.9, filed June 10,                 
          1994.  The European applications did not identify any inventor              
          and were filed by the entity MINTEC SARL.                                   
               16.  Based on representations from individuals associated              
          with party Cragg, party Fogarty regarded as true, until the                 
          service of party Cragg’s preliminary statement, that European               
          applications EP94400284.9 and EP94401306.9 were filed by                    
          MINTEC SARL on behalf of inventors Goicoechea, Hudson, Mialhe,              
          and Cragg.  (Fogarty Preliminary Motion 12, Fact No. 5 – not                
          disputed by Cragg).                                                         
               17.  Michael D. Dake made an assignment of rights,                     
          including his interests in the invention covered by Cragg’s                 
          involved application relating to a bifurcated stent-graft, to               
          MinTec, Inc., for a one time payment of eight hundred thousand              
          U.S. dollars (U.S. $800,000) and other considerations, on May               
          6, 1996, with a stated effective date of April 30, 1996.                    
          (Cragg Exhibit 1025, CE-1025).  The date of assignment was                  
          nearly two years and three months from the date of filing of                

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