Appeal No. 2000-0379 Application No. 08/815,352 ("Appellants contend that their declarations are consistent with the declarations submitted by [patentees] Tulagin and Clark, and are sufficient to support a finding that the patentees derived the relevant subject matter from them. We do not find these declarations sufficient to discharge appellants' burden of proof to establish that the patentees derived the relevant subject matter from them. Nothing in the declarations of record precludes the possibility that the relevant subject matter was disclosed to the patentees by some third party."). Nor is such a requirement implied by DeBaun's holding that the record in that case, including applicant's "unequivocal declaration [under § 1.131] that he conceived anything in the '768 [reference] patent disclosure which suggests the invention claimed in his present application," was sufficient to establish that the subject matter at issue was conceived by DeBaun. However, Hull's declaration clearly demonstrates both inventorship by the Appellant and derivation by the patentees. Hull explains that he has been continuously employed by Western Digital Corporation (WDC), the assignee of Appellant's application, since April 1981; that he is familiar with -13-Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007