Interference No. 104,403
described in the affidavit are not reflected in the Rosenthal ‘226
specification.
As illustrative of the lack of details regarding the dates of the
activities described in the Rosenthal affidavit, we will discuss page 2 of
the affidavit (Rosenthal Record page 35). This discussion, however, is
only exemplary of the lack of detail regarding dates that exists in the
Rosenthal affidavit.
On page 2 of the affidavit, Rosenthal states that he “made a
rough prototype of a lens sheet with lens ridges on the viewing side
wherein each ridge had parallel convex lens and angled planar
portions.” He does not discuss what steps were taken to make this
prototype. He gives no date or dates for the making of this prototype.
This language of the affidavit follows the paragraph describing the
August 14, 1992, reduction to practice. However, that does not
necessarily mean that the activity took place after August 14, 1992. In
addition, even if we assume that the activity took place after August 14,
1992, it is unclear when, after August 14, 1992, the activity took place.
As such, while Rosenthal testifies that a prototype with lens
ridges was made, no details are provided as to what was done on any
particular day during the period. We observe that Rosenthal states at
page 1 of the affidavit (Rosenthal record page 34) that it took him two
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