Interference No. 104,06ý
According to Mr. Trzyna (Trzyna affidavit dated January 28,
2000, paragraphs 8 and 9):
8. On or about December 23, 1992, Leslie F. Chard,
III and I were provided a memorandum entitled "Tire
Grinder" and dated December 23, 1992, together with a
series of accompanying photographs and listing of part
numbers identified in the drawings for the purposes of
conducting a patentability search.
9. The disclosure documents comprising the memorandum
and a series of photographs and number code listing of
items numbered on photographs is attached to the
Affidavit of Leslie F. Chard, III, as Exhibit 1.
Leslie F. Chard, III adds (Chard affidavit dated January 28,
2000, paragraphs 5 and 6):
5. 1 remember seeing a disclosure memorandum
including a number code description list relating to
photographs forming part of the memorandum for the
invention entitled "Tire Grinder", a copy of the
disclosure memorandum and attachments is attached
hereto and labeled as Exhibit 1.
6. The photographs disclosed a functional,
constructed embodiment of the "Tire Grinder" as
described in Jr. Party Kramp's application now involved
in this interference.
III.
In order to establish an actual reduction to practice of the
subject matter of a count, an inventor must prove that: (1) he
constructed an embodiment or performed a process that met all the
limitations of the interference count, and (2) he determined that
the invention would work for its intended purpose. Coooer,
8
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