Interference 103,685
and using the procedure outlined by Dr. Holsten at
page[s] 216-31 of Holsten’s notebook (Holsten Ex. 8)
entitled, “Basic Dye Carrier Formulations and Evaln.
In the Dyeing of Nomex Fabric.” . . . Ex. 8 - 3/14/90.
An additional dyeing using dimethylbenzamide was also
performed by Smith as recorded in his notebook at
page 140 and witnessed by Neely. . . . Holsten Ex. 10,
p. 2.
18. Some time between April 2nd and April 10, a
sample of N,N-diethyl(m-toluamide) was received and
used to perform further dyeing experiments. The
observations from these and the additional dyeings
reflected above were recorded by Neely at page 131
of his notebook number 151 on April 10, 1990 as
witnessed by Cathy L. Beck (then Cathy B. Cannup)
on April 11, 1990 (Holsten Ex. 9) . . . .
19. [O]n notebook page 131 . . . Neely . . .
observed that [benzanilide] . . . dyed “extremely well
(2 g/100ml).” With respect to N,N-dimethylbenzamide,
Neely similarly observed that it “dyes well, just
slightly lighter than Springs HP-2 carrier.” . . .
With respect to N,N-diethyl(m-toluamide), Neely
observed that it dyed “extremely well at 1g/100ml,
1.5g/100ml and 2g/100ml.” . . . .
20. Neely also made an additional entry, close
to the top of notebook page 131 on April 10, 1990 . . .
that: “It appears that the presence of the benzene
ring + substitution of the N atom of the amide group
is crucial to a good dyeing of Nomex.” . . . .
Based on Holsten’s corroborated findings, reprinted in-part
above, findings which are not disputed by Riggins but for the
sufficiency of their corroboration, we conclude that Holsten
conceived of the invention of Count 2 no earlier than
March 26, 1990, and actually reduced to practice an embodiment
of Count 2 no later than April 10, 1990. Accordingly, if as
Riggins urges, it has established that it reduced to practice an
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