Ex parte CLOKE - Page 13




          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                     



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