When the evidence of reduction to practice in 1996, is viewed as a whole, it is not
of sufficient weight to establish reduction to practice in 1996. It is our opinion that the
junior party has not established that it is more probable than not that the junior party
reduced the inventions of the counts to practice in 1996.
G. Reduction to practice by the wunior party in 1997
Bernardy testifies:
At a wood precessing industry convention on March 12, 13,
14 and 1997, the 'Woodworking Technology Show & Clinic'
held in Portland, Oregon, Simplar presented a first
commercially acceptable prototype and descriptive flyers of
the invention, along with a video showing operation of the
device. Mr. Powell and his wife, Mrs. Esther Powell acted as
and held themselves out as, the invention promotional agents
for Simplar at the event. [Bernardy Record pages 3 to 4]
Mr. Egbert testifies that he saw a prototype of a blade in February 1997 and that
the '700 blade has all the elements of the blade he saw in February 1997 (Bernardy
record at page 6). Mr. Egbert on cross examination admitted that he never reviewed the
'700 patent but was shown a sketch only (Powell Record page 147). No sketch has
been entered into evidence. Accordingly, we do not credit Egbert's testimony.
Mr. Feucht testifies that he saw a blade tested on March 12 through 13, 1997 and
that a flyer promoting the blade was distributed at a trade show (Bernardy record page
9) and that the blade he saw was the same as the blade in the flyer. A copy of the flyer
has been submitted as Exhibits 2004 and 2025 (Bernardy Record page 10 and 30).
The junior party states:
... another Bernardy Exhibit, No. 2025, the trade show flyer,
comes into prominence. It is uncontested that this flyer was
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