Interference 103,685
thereof, or blends thereof which has been dyed with a
mixture of a carrier and a dye soluble or dispersed
in a dyebath, the carrier comprising an N-substituted
aromatic carbonamide or an N,N-disubstituted aromatic
carbonamide or mixture thereof.
The evidence of record establishes, and it is undisputed by
Holsten, that “Nomex” is a fibrous material formed from fibers of
an aromatic polyamide fiber. See findings 14 and 16-20 in
Holsten’s Opening Brief (HB, pp. 7-11). It being undisputed that
“Nomex” is formed from fibers of an aromatic polyamide fiber, we
proceed to consider the merits of Riggins’ case for priority of
the invention of Count 2.
We conclude from the evidence submitted by Riggins that
Riggins actually reduced to practice an embodiment meeting all
the limitations of the invention defined by Claim 1 or Claim 43
of Holsten’s involved application, which correspond to Count 2,
no later than February 26, 1990, most certainly no later than
March 22, 1990. In particular, we find that Riggins’ evidence,
especially Riggins’ Notebook 1664, page 28 (signed by Howell
Riggins on February 26, 1990), page 29 (signed by Howell Riggins
on March 22, 1990), and page 31 (signed by Howell Riggins on
February 26, 1990 (RX 22), and the letter from H. Riggins to
B. Triplett stamp-dated no later than February 27, 1990,
entitled “Dye Promoters for Nomex” (RX 26), show that Riggins
(1) contacted Nomex fabric (10.83 grams), a fibrous material
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