Ex Parte 5779400 et al - Page 12



            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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