ROSENTHAL v. MAGEE - Page 40




              Interference No. 104,403                                                                                     

                 elements of the invention that were disclosed.  The letter states:                                        
                               As we discussed on the phone, myself,                                                       
                               George Turin and associates, are ready to                                                   
                               move onto more optimal designs for our                                                      
                               proprietary PRISMAFLOW (Image to See-                                                       
                               thru lenticular material) as soon as you are                                                
                               able to produce first results in printable                                                  
                               material. (Rosenthal record page, 75)                                                       
                 The drawing (Rosenthal Record page 211 ) that Rosenthal testifies was                                     
                 attached depicts several conic portions in a first line and straight lines                                
                 connected to conic portions in a second line just below the first line.                                   
                 There is no mention in the letter of spaced-apart raised parallel portions                                
                 nor are such portions depicted in the drawing.  There is no mention in                                    
                 the letter, nor is there a depiction in the drawing of conic portions which                               
                 permit the passage of light or that an object positioned beneath the                                      
                 sheet at a preselected distance can be viewed through the concave                                         
                 lens portions.   In addition, the junior party has not directed our attention                             
                 to an explanation in the record of what  PRISMAFLOW image to see-                                         
                 thru lenticular material is.  The letter and drawing standing alone are                                   
                 insufficient to enable a person skilled in the art to make and use the                                    
                 invention.                                                                                                
                        In addition, in an affidavit submitted by the senior party (Magee                                  
                 Exhibit 1024), Conley testifies that he met with Rosenthal in 1989 or                                     
                 1990, but that  Rosenthal had no drawings that he saw (Magee Record                                       

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