ROSENTHAL v. MAGEE - Page 14




              Interference No. 104,403                                                                                     

                       Rosenthal undertook to perfect the invention of the count or to                                     
                       prepare the patent application during the period of July 13, 1994                                   
                       until the patent application was filed on January 18, 1995.                                         
                44.    There is no explanation on the record of why the preparation of                                     
                       the application for the ‘226 patent took from November 1993 until                                   
                       January 18, 1995.                                                                                   
                45.    In the opening brief (Paper No. 134), the junior party alleges that                                 
                       the senior party derived the invention from the junior party                                        
                       (Rosenthal Opening Brief page 34).                                                                  
                46.    The junior party states in the opening brief (Paper No. 134) that                                   
                       Mr. Bruce A. Rosenthal communicated the invention to Kenneth                                        
                       Conley, who in turn communicated it to the senior party                                             
                       (Rosenthal Opening Brief page 34).                                                                  
                47.    Kenneth Conley is associated with a company called Micro Lens                                       
                       Technology and has been involved for over 20 years with                                             
                       materials, techniques, and equipment for making lenticular screen                                   
                       sheets.  Conley is acquainted with both Rosenthal, the junior                                       
                       party and Magee, the senior party for over 10 years.  In regard to                                  
                       Magee, Conley has sent bids to the University of Arkansas (the                                      
                       real party in interest for the senior party) regarding the making of                                
                       engraved cylinders and has received purchase orders for                                             

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