Appeal No. 2006-0132
Application No. 09/946,627
41.50(d), it is ORDERED that the appellants:
1) Identify an individual who attended the
Closed Session in question on behalf of the
declarant’s employer and obtain facts from
that individual regarding how the information
in the Wanthal et al. reference (e.g., in the
form of a display, an actual print, etc.) was
disseminated at the Closed Session and who
disseminated such information in the Closed
Session;
2) Determine from the authors (Steven
Wanthal, Robin Wippich-Dienhart, Anne
Cenedella, Victor Li and Dave Kane) and SAMPE
(i) whether and when they disseminated the
information in the Wanthal et al reference to
anyone with or without a secrecy agreement,
(ii) whether and when they published the
information in the Wanthal et al. reference,
and (iii) whether and when they placed the
information in the Wanthal et al. reference
in any publicly accessible data bases; and…
The appellants must submit the information (1) and (2)
requested above in the form of a declaration or an
affidavit. If the appellants are unable to obtain the
information (1) and (2), after diligent effort, they
must provide a declaration or an affidavit setting
forth facts and explanations as to why the information
(1) and (2) are unavailable.
Subsequent to this ORDER, the appellants submitted, inter alia, a
Reply Brief, along with an additional declaration executed by
Scott W. Beckwith on July 5, 2005 (hereinafter referred to as
“the Beckwith declaration”) and a copy of the SAMPE International
Policy and Practice (1996). The Beckwith declaration, at pages
1 through 4, states that:
Since 1998, I have served as the International
Technical Director for The Society for the Advancement
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