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.
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