Appeal No. 2006-2084 Reexamination Control No. 90/006,360 DISCUSSION Snyder affidavit The request for reexamination includes an affidavit of Robert Snyder, president of Engineered Tool Co. ("ETCO"), filed in Fountaine v. Engineered Tool Co. (date filed not readable) (Exhibit 12 to request for reexamination). ETCO and Mr. Snyder were co-defendants in that civil action, which has been dismissed without prejudice. Mr. Snyder's affidavit includes Exhibits A to O, which are sketches, engineering drawings, invoices, faxes, and catalog pages. As explained in detail in our opinion in Reexamination Control No. 90/006,361, Appeal No. 2006-1075, reexamination proceedings are limited to consideration of patents and printed publications, and the exhibits have one or more of the following problems: (1) some are not prior art; (2) there is no evidence or indicia that others are printed publications; and/or (3) the structure of what is referred to is not clear. For these reasons, the Snyder affidavit is not entitled to any weight in this reexamination proceeding. - 12 -Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007