RIGGINS et al v. HOLSTEN et al - Page 39



          Interference 103,685                                                          
          earlier than February 16, 1990, and no later than February 22,                
          1990, Riggins tried to dye Nomex fabric (12.23 grams) with a                  
          dyebath comprising Acid blue #62 (2% of the weight of the fabric)             
          and N,N-dimethylbenzamide (4 grams) for one and one-half hours at             
          265OF. (RX 22, p. 28).  The evidence prima facie shows that no                
          earlier than February 20, 1990, and no later than March 22, 1990,             
          Riggins tried to dye Nomex fabric (10.83 grams) with a dyebath                
          comprising Acid blue #62 (2% of the weight of the fabric)                     
          and N,N-diethylbenzamide (4 grams) for one and one-half hours at              
          265OF. (RX 22, p. 29).  The evidence prima facie shows that, no               
          later than February 26, 1990, Riggins recorded that N,N-diethyl               
          benzamide was “effective in promoting the dyeing of Nomex”                    
          (RX 22, p. 31), and that, no later than February 27, 1990,                    
          Riggins reported that N,N-diethylbenzamide had “dye promoting                 
          activity” in a Memorandum from H. Riggins to Ben Triplett                     
          relating to “Dye Promoters for Nomex” (RX 26).  However, Holsten              
          argues that Riggins did not appreciate the concept of using “a                
          dye diffusion promoting agent comprising an aromatic amide having             
          7 to 14 carbon atoms capable of increasing the swelling value at              
          least 1.5%” for relatively effective dyeing of aramid fiber or                
          fabric until after the date Holsten is said to have conceived and             
          reduced to practice the subject matter Holsten claims.                        

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