RIGGINS et al v. HOLSTEN et al - Page 58



          Interference 103,685                                                          
               After reviewing his book, I recall that Dr. Riggins had                  
               determined that the molecular size (or number of carbon                  
               atoms) of a carrier has a very significant affect on                     
               dyeing efficiency . . . .                                                
               Mr. Triplett testified (Affidavit Testimony of Benny L.                  
          Triplett, para. 5-6 (Record of Party Riggins et al. (Paper                    
          No. 98), p. 23 (RR 23)):                                                      
                    5.  To my knowledge, Dr. Riggins actively                           
               developed methods for dyeing Nomex® fibers upon                          
               returning to Burlington in 1988 through the early                        
               portion of 1990.  In late February of 1990, I                            
               received a handwritten letter from Dr. Riggins                           
               (Riggins et al. Exhibit 26) which stated that he                         
               had, over the past few months prior to the writing                       
               of the letter, identified several agents having dye                      
               promoting capability for Nomex®.  Three of these dye                     
               promoting agents (commonly referred to as “carriers”)                    
               were identified in the letter, namely N,N-dimethylamide,                 
               N,N-dimethylformamide and N,N-diethylbenzamide, an                       
               aromatic amide.  In addition, Dr. Riggins’s letter                       
               expressed that several other chemicals of the same                       
               “family” of carriers had been ordered so that further                    
               experimentation with Nomex® dyeing could be conducted.                   
                    6.  Upon reading Dr. Riggins’s letter (Riggins                      
               et al. Exhibit 26), I decided to forward it to John B.                   
               Maier . . . an in-house patent attorney for Burlington.                  
               Before having the letter delivered to Mr. Maier, I                       
               wrote a brief note across the top of Dr. Riggins letter                  
               identifying that Dr. Riggins was continually finding                     
               new carriers for dyeing Nomex®.  I then forwarded the                    
               [letter], with my note thereon, to Mr. Maier in late                     
               February, 1990.                                                          
               Mr. Maier testified (Affidavit Testimony of John B. Maier,               
          para. 4-5 (Record of Party Riggins et al. (Paper No. 98),                     
          pp. 27-28 (RR 27-28))(footnote omitted):                                      
                    4.  In the latter portion of February, 1990,                        
               I received a handwritten letter (Riggins et al.                          
                                         -58-                                           




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