102. Bowman testifies that he had a heavy case load between May 22, 1992 and August 31, 1993.
GR 22, ¶ 42; GR 24, ¶ 48.
103. Bowman also testifies that he was responsible for drafting infringement and validity opinions
during this time. GR 24, ¶ 48.
104. Bowman testified that he follows the Phillips policy of preparing patent applications in the
order assigned, but that extenuating circumstances may arise that require that an application be
prepared out of sequence, such as when an application needs to be filed to avoid a statutory bar date.
GR 11, ¶ 9.
105. Bowman testifies that he took up cases in the order in which they were assigned to him. GR
22, ¶ 42; GR 25, ¶ 49.
106. Bowman refers to GX 69 and 70 which are said to be a report of the applications and
responses he filed with the PTO between May 22, 1992, and August 31, 1993. GR 24, ¶ 48.
107. Bowman notes that GX 69 indicates that not all applications were filed in the sequence
indicated by the docket or case numbers and that a number of the applications on the list are
exceptions to Phillips’ sequential filing policy. GR 25, ¶ 49.
108. Bowman also testifies that ten of the applications listed on GX 69 were continuations,
continuations-in-part or divisionals and that the deadlines for filing those applications are usually
controlled by PTO response deadlines. GR 25, ¶ 50.
109. Bowman states that eight of the applications listed on GX 69 were original Canadian
applications and that deadlines for filing are controlled by the filing of U.S. counterpart applications.
GR 25, ¶ 50.
110. Bowman does not recall specific details of his work on preparing and filing Case 33136.
Bowman testified:
(1) “I do not recall any specific details of my efforts to prepare and ultimately file
Case Number 33136 (the Phillips case that issued as the Geerts ‘180 patent).” GR
22, ¶ 40.
(2)” I probably did not begin any preliminary work on Case 33136 for at least several months
after the Invention Committee’s decision regarding IN 15174.” GR 22, ¶ 42.
(3) “I believe that I conducted preliminary work on Case 33136 starting after October 1992.”
GR 23, ¶ 43. .
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