p. 2, ý 3(c). The letter bears the date August 21, 1997. Lane Letter 1.8 Dr. Heshmatpour argues that
the written description shows the "essence" of his invention. Paper 55, p. 2.
Dr. Heshmatpour also relies upon a second letter sent to the patent attorney including
attached sketches. He testifies:
(d) Shortly thereafter, and still prior to October 16, 1997, 1 sent Mr. Lane
another letter regarding the same matter and enclosed therewith rough
sketches of apparatuses for practicing my inventive process. True and correct
copies of the letter and enclosures are attached hereto and marked as Exhibit
2.
Heshmatpour Declaration, p. 2, ý 3(d). The letter bears the date August 30, 1997, and includes
handwritten attachments including drawings and some text identifying various components shown
in the drawings. Lane Letter 2.'
The content of the documents are not explained to us in detail as required by 37 CFR
§ 1.671 (f). We have endeavored to review the documents on our own to ascertain what they show.
Having undertaken this review, we conclude that the documents are insufficient to prove a
conception of the invention.
These two documents alone or in combination fail to describe an embodiment including all
the features of at least one of the alternatives of the count. The documents disclose neither the
compositional limitation for titanium nor the molten aluminum temperature required by the
alternatives of the count. In particular they do not show the specified amounts of titanium required
by the count alternatives of Megy Claims 1, 17, 35, 44 and Heshmatpour Claim 21 (1-1500, 1-3000
or 1-200,000 ppm) or (2) molten aluminum at a temperature of 1200* to 1500'F required by the
count alternatives of Megy Claims 17 and 45. While Dr. Heshmatpour argues that these documents
show the "essence" of his invention (Paper 55, p. 2), proof of conception requires evidence showing
8 Attachment to Paper 53. A redacted copy is also of record in the Heshmatpour involved application
as Exhibit I to the Rule 1.608(b) Evidentiary Declaration I of Bahman Heshmatpour. Application 09/020,616, Paper
7).
9 Attachment to Paper 53. A redacted copy is also of record in the Heshmatpour involved application
as Exhibit 2 to the Rule 1.608(b) Evidentiary Declaration I of Bahman Heshmatpour (Application 09/020,616, Paper
7).
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