the prior art in the area of two-cycle lubricants" (Paper 48,
page 34).
We can assume arguendo that considerable research took
place, or at least is alleged to have taken place, between 8
January 1990 and 17 September 1991 (see Paper 40, page 5, ¶ 8
through page 16, ¶ 30). We might even agree arguendo that the
research properly can be characterized as "deliberative".
However, it all may have taken place prior to 17 September 1991
and therefore has no bearing on the issue of suppression or
concealment after 17 September 1991.
We can also assume arguendo that the specification of the
involved Morrison patent is thorough and contains useful data
based on experiments. Our difficulty, however, is that Morrison
has not favored us with a discussion in its brief referring to
evidence of when the experiments represented by the data took
place. In other words, did they take place before or after
17 September 1991? We decline to take on the role of advocate
for Morrison by comparing data in the patent specification to the
evidence of record to make out a case for Morrison, all to the
prejudice of Lakes who would not be able to respond.
We will note, however, that a review of Morrison's lab
notebook (Ex 2018) would seem to demonstrate that at least some
of the data reported in the patent specification is based on
experiments which took place on 21 February 1990, which is
prior to Morrison's alleged actual reduction to practice on
17 September 1991. Test 475-119-3 described in the lab notebook
- 14 -
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007