conception of the invention of his involved patent (Ex. 2001,
5). Trent states that Wen-Foo Chern disclosed an invention to
him (e.g., the Invention Disclosure) that is embodied in the
Chern involved patent (Ex. 2010, $ 3). In its brief, Chern
argues that "[e]ven a casual comparison between Chern's
rudimentary drawing (R-13) and the '529 patent drawing Figure 8
leaves no doubt that the invention originally conceived by Chern
on May 14, 1991 corresponds precisely to the invention of the
count in this interference" (Paper 24 at 16).
Rule 671(f) states that:
The significance of documentary and other exhibits
identified by a witness in an affidavit or during oral
deposition shall be discussed with particularity by a
witness.
Rule 671(f) specifies that the significance of the exhibit
be discussed with particularity. Both Wen-Foo Chern and Trent
discuss the significance of the Invention Disclosure as discussed
above. The purpose for having exhibits described with
particularity is so that what the exhibits show, in substance,
can be understood. The level or extent of "particularity" is not
specified, and rightfully so. It need only be sufficient for a
fair understanding of the substance of the exhibit. Here, the
"first circuit diagram" shown in the exhibit requires no further
explanation. Yamada has failed to sufficiently demonstrate that
something else is required.
Yamada lastly argues that the drawing and notes of the
20
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: November 3, 2007