ROSENTHAL v. MAGEE - Page 16




              Interference No. 104,403                                                                                     

                  52.    Rosenthal states that he communicated the invention to Conley                                     
                         a second time via a certified letter sent November 8, 1990,                                       
                         which included a drawing of the junior party’s optical lens                                       
                         system that had been previously shown to Conley during their                                      
                         July 12, 1990 meeting (Rosenthal Record page 149).                                                
                  53.    A copy of the certified letter, postmarked November 9, 1990,                                      
                         (Rosenthal record page 210) and drawing (Rosenthal Record                                         
                         page 211) has been submitted as Exhibit 2011.                                                     
                  54.    Conley acknowledges receipt of a certified letter which referred                                  
                         to an enclosed drawing, but testifies that there was no drawing                                   
                         enclosed (Rosenthal Record page 82).                                                              
                  55.    Rosenthal states that Conley telephoned him prior to October                                      
                         31, 1993, and said that he was representing senior party                                          
                         Magee, and suggested that the senior party might be able to                                       
                         make lab sample material of the optical lens system at issue,                                     
                         and acknowledged having communicated the junior party’s                                           
                         lenticular inventions to the senior party “some time” previously.                                 
                         (Rosenthal Record pages 150-51).                                                                  
                  56.    Rosenthal also testifies that Conley told him that the senior                                     
                         party knew about the earlier Rosenthal patents (Rosenthal                                         
                         Record pages 41-42).                                                                              

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