Interference No. 105,125
Chaffee v. Skulnick
e-mail correspondence is all dated prior to February 27, 2001 and provides further evidence that
the prototypes were not only constructed prior to February 27, 2001, but also shipped to Mr.
Steve Skulnick prior to February 27, 2001, which is the filing date of U.S. Patent No. D 452,466
for which Mr. Skulnick is named as an inventor."
30. In his showing under 37 CFR § 1.608(b), junior party Thomas J. Chaffee submitted
copies of what appear to be U.S. Express mail shipping forms and stated in a declaration as
follows: "The attached shipping receipts provide additional evidence that prototypes were
shipped to Mr. Skulnick from my company, prior to February 27, 2001."
31. None of the photographs, e-mail correspondences, and shipping forms attached to
junior party Thomas J. Chaffee's declaration is labeled with an Exhibit or other Reference
number for specific identification.
32. None of the photographs show the top, bottom, rear, and either side view of the
subject boat fender in the images; only the design from the front view is clearly visible.
33. Although there are other items in the background of two of the three photographs,
which could also be boat fenders, junior party Thomas J. Chaffee did not refer to them, in
contrast to the boat fender up close, in focus, at the center of the photographs, and held in the
hand of a person, as his invention, and the designs of those background items are also not clearly
visible. There does not appear to be a full view of any of them from any angle.
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