Interference No. 104,807
Page No. 3
Upon entry of the parties papers and motions, Flamm, Vinogradov and Yoneyama would be the
named inventors for both the Flamm application and the Vinogradov patent.
Flamm, Vinogradov and Yoneyama have filed a declaration stating that they are the
actual inventors of the '746 application, filed on November 18, 1996. (Preliminary Motion 1,
Paper No. 17, Declaration under § 1.63). Vinogradov and Yoneyama both testify that the error in
failing to include their names on the '746 application occurred as a result of a complete
breakdown in communication between KEM and Flamm due to a dispute over contractual and
licensing issues. To the best of Vinogradov and Yoneyama's knowledge, Flamm was unaware
that they were coinventors of the '746 application. Similarly, Flamm declares that the
inventorship error in failing to include his name on the '034 patent was also due to the
breakdown in communication between him and the assignee of the '034 patent. Flamm testifies
that he had no knowledge of the application leading to the '034 patent and could not have
suggested that he be added as an inventor. (Preliminary Motion 2, Paper No. 18, Statement of
Non-Deceptive Intent). Both Vinogradov and Yoneyama agree to add Flamm as an inventor to
the '034 patent.
We credit the testimony of Flamm, Vinogradov and Yoneyama. Based on the evidence
of record, we conclude that Flamm, Vinogradov and Yoneyama are co-inventors of Flamm '746
and Vinogradov '034 and grant Preliminary Motions 1 and 2 (requests to correct inventorship).
Additionally, the Miscellaneous Motion under 37 C.F.R. § 1.635 (Paper No. 19) requests entry of
certain papers into the interference file. This miscellaneous motion is also granted and a copy of
the Power of Attorney and Terminal Disclaimer for the '746 application have been entered into
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