ROSENTHAL v. MAGEE - Page 13




              Interference No. 104,403                                                                                     

                39.    Rothchild testifies that he signed a confidentiality agreement                                      
                       which has been submitted as Exhibit 2129 (Rosenthal Record                                          
                       page 25).                                                                                           
                40.    There is no evidence to establish what, if anything, the junior                                     
                       party did to perfect the invention of the count or to prepare the                                   
                       patent application during the period from April 11, 1994 to July 13,                                
                       1994.                                                                                               
                41.    Paul Cote testifies that on July 13, 1994, he was shown:                                            
                       . . . a lens sheet in which I, the viewer could see the sheet                                       
                       appear as an opaque image material at one angle of view                                             
                       and then from another angle of view, see the sheet as                                               
                       transparent, thereby providing a clear view through the                                             
                       sheet to objects behind it.  This lens sheet had a plurality of                                     
                       parallel lenticulated conic lenses on the viewing side and                                          
                       on the opposite side had a plurality of spaced-apart, raised                                        
                       parallel portions with a composite image positioned                                                 
                       thereupon with indented transparent concave lenses in                                               
                       between which permitted the passage of light.  Thereby an                                           
                       object beneath the sheet at a preselected distance was                                              
                       viewable through the transparent concave lens portions.                                             
                       (Rosenthal Record page 28).                                                                         
                42.    Cote also testifies that on July 13, 1994, Rosenthal showed him                                     
                       unique packaging with his lens sheet used as a window which                                         
                       provided a view of an opaque image at one angle, and at another                                     
                       angle, a clear view through to the actual contents of the package                                   
                       (Rosenthal Record page 28).                                                                         
                43.    There is no evidence which establishes what, if any, activity                                       

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