refined cast aluminum product. The document appears to disclsose an embodiment meeting all the
limitations of a number of the alternatives of the count.
Neither of these documents are sufficient to corroborate Dr. Heshmatpour's conception.
Corroborating evidence must show that the inventor disclosed his conception to others. Jolley, 308
F.3datI32l,64USPQ2datl904;Colem 754F.2d at 359,224USPQ at 862; Spero, 377 F.2dat
660, 153 USPQ at 732; EidL, 183 F.2d at 601, 86 USPQ at 379. Dr. Heshmatpour has not directed
us to, nor could we find, evidence independent of Dr. Heshmatpour's testimony, sufficient to prove
that the documents or the subject matter disclosed in these documents were disclosed to others prior
to Megy's effective filing date.
As to the test plan, while Dr. Heshmatpour testifies that he shared copies with others, he has
not directed us to any independent evidence, nor have we been able to locate any in the record, which
tends to show that it was disclosed to others. Indeed, we have been unable to find any other evidence
which appears to reference this document.
As to the October 13, 1997 invention disclosure, Dr. Heshmatpour does not provide any
testimony. While he argues that it was given to his patent attorney "during Octobel to No%'Crnbei
of 1997," this statement is argument ana not evidence. Even if we took this-argument as evidence,
it would only prove a date for the document and conception no earlier than the last day of the
"October to November" period, November 30, 1997. Oka, 849 F.2d at 584, 7 USPQ2d at 1172;
Haultain, 254 F.2d at 142, 117 USPQ at 279. This date is after Megy's effective filing date of
October 16, 1997, and therefore could not prove conception prior to Megy's effective filing date.
We have also considered the following documents, to see if they provide evidence that a
complete conception of the in-situ process was disclosed to his patent attorney:
I . A letter bearing the date October 16, 1997, from Kutzenco to Dr. Heshmatpour;"
2. A letter bearing the date October 16, 1997, from Kutzenco to William G. Lane; 16
15 Attachment to Paper 53. A redacted copy is Exhibit 22 to the Heshmatpour Declaration (Application
09/020,616, Paper 7).
16 Attachment to Paper 53. A redacted copy is Exhibit 23 to the Heshmatpour Declaration (Application
09/020,616, Paper 7).
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