ROSENTHAL v. MAGEE - Page 21




              Interference No. 104,403                                                                                     

                  1329, 217 USPQ 753, 755 (Fed. Cir. 1983).  Corroboration is also                                         
                  necessary to prove reduction to practice.  The corroboration can be in                                   
                  the form of testimony of a witness, other than the inventor, to an actual                                
                  reduction to practice, or it may consist of evidence of surrounding facts                                
                  and circumstances independent of the information received from the                                       
                  inventor.                                                                                                
                         The purpose of the rule requiring corroboration is to prevent                                     
                  fraud and to establish by proof that is unlikely to have been fabricated                                 
                  or falsified, that the inventor successfully reduced his invention to                                    
                  practice.  Berry v. Webb, 412 F.2d 261, 267, 162 USPQ 170, 174                                           
                  (CCPA 1969).  The evidence necessary for corroboration is                                                
                  determined by the rule of reason which involves an examination,                                          
                  analysis and evaluation of the record as a whole to the end that a                                       
                  reasoned determination as to the credibility of the inventor’s story may                                 
                  be reached.  Berges v. Gottstein, 618 F.2d 771, 776, 205 USPQ 691,                                       
                  695 (CCPA 1980); Mann v. Werner, 347 F.2d 636, 640, 146 USPQ                                             
                  199, 202 (CCPA 1965).                                                                                    
                         The junior party argues that he prepared a prototype on May 5,                                    
                  1990, of a lens sheet having conical lenses on the viewing surface,                                      
                  and having on the opposite surface, a plurality of spaced-apart raised                                   
                  parallel portions with a composite image positioned thereupon with                                       

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