Appeal No. 2000-0872
Application No. 08/852,119
photocopies thereof, must accompany and form part of the
affidavit or declaration or their absence satisfactorily
explained," but contends (Answer, page 15) that appellant has
failed the requisite evidence. We disagree.
Appellant's affidavit asserts conception prior to May 14,
1993, the effective filing date of the Ross patents, followed by
due diligence to May 18, 1993, the filing date of the
application. Appellant supplies, as Exhibit B, a declaration
from Mr. Horstemeyer, his attorney, explaining the work done and
the dates thereof for preparing the patent application. Exhibit
C is a record of Mr. Horstemeyer's billing for the work done for
appellant. The billing record indicates that revisions were made
May 5th, 7th, 10th, and 11th of 1993. Exhibit D, a letter from
Mr. Horstemeyer to appellant, states that the final draft of the
application was mailed to appellant for signature on May 12,
1993. The billing records show no further amendments after
May 12, 1993, thereby establishing conception prior to May 14,
1993. Mr. Horstemeyer indicates in the Declaration that May 15th
and 16th were a Saturday and Sunday, respectively. The records
show that he billed for reviewing the formality documents and
formal drawings of the application on May 17, 1993, and then he
filed the application on May 18, 1993. We find these records to
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