Interference No. 105,125
Chaffee v. Skulnick
34. None of the three US Express Mail shipping forms is legible. It is not apparent
from the face of the shipping forms who is the sender, who is the receiver, what is being sent,
when it is being sent, the address of the sender, the address of the receiver, and the mailing date.
35 Junior party Thomas J. Chaffee's declaration is accompanied by a declaration of
Kenneth R. Gill, Jr., who stated: "On various dates prior to February 27, 2001, 1 personally
witnessed Mr. Thomas Chaffee as he designed and constructed the prototype boat fenders shown
in the attached photographs (attached as Exhibit A)." The photographs are three and are the
same as the three discussed above and attached to junior party Thomas J. Chaffee's declaration.
None of the photographs reveal the design on the top, bottom, rear, and either side of the subject
boat fender shown in focus and at the approximate center of the photograph.
36. Junior party Thomas J. Chaffee's declaration is also accompanied by a declaration
of Timothy J. King who stated: "On various dates prior to February 27, 2001, 1 personally
witnessed Mr. Thomas Chaffee as he designed and constructed the prototype boat fenders shown
in the attached photographs (attached as Exhibit A)." The photographs are three and are the
same as the three discussed above and attached to junior party Thomas J. Chaffee's declaration.
None of the photographs reveal the design on the top, bottom, rear, and either side of the subject
boat fender shown in focus and at the approximate center of the photograph.
C. Decision
At issue is 37 CFR § 1.617(a), which states:
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