Appeal No. 1999-1484
Application No. 07/963,109
noteworthy that the record reveals that the patentees and the
appellants are assignors to LUK Lamellen and Kupplungsbau and
that, as set forth in the brief, appellants work at times “in
close cooperation with other inventors, such as the inventors of
the Freidmann patent” (brief, page 12). A terminal disclaimer
(Paper No. 24) is present in the application file disclaiming the
terminal part of any patent that would extend beyond the
expiration date of the full statutory term of U.S. Patent No.
5,242,328, i.e., the patent to Freidmann and Zapf, at issue.
The issued patent to Freidmann and Zapf must include, of
course, an oath, consonant with 35 U.S.C. § 115, as to the belief
that they are the original and first inventors of the subject
matter for which a patent is solicited, i.e., their claimed
invention. Similarly, the oath of appellants Jackel and Reik in
the instant application comports with 35 U.S.C. § 115 as to their
now claimed subject matter, which as pointed out by appellants in
the brief differs from the invention claimed by Freidmann and
Zapf. In the current circumstance, strong evidence is required
to reach the contrary conclusion that Jackel and Reik are not the
inventors of the now claimed invention. See Ex parte Kusko, 215
USPQ 972, 974 (Bd. App. 1981).
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