Ex Parte 6039076 et al - Page 9



               Appeal 2006-1875                                                                              
               Reexamination Control No. 90/006,272                                                          
           1   23. Mr. Miller also refers to Exhibit 16, a copy of a letter sent by facsimile                
           2   and dated June 26, 1997, from Mr. J.C. Sykes, IMI Patents and Licensing                       
           3   Department, to himself, H.L. Miller, CCI, and received June 26, 1997                          
           4   (2003 Miller declaration ¶ 13).                                                               
           5   24. Mr. Miller states that item 3, page 2, of the June 26 letter refers to the                
           6   memorandum of June 20 (Exhibit 15) and the RAVEN brochure of                                  
           7   Copes-Vulcan (Exhibit 11) and states (2003 Miller declaration ¶ 14).                          
           8         Your note of 20 June contains details of the Raven product offering by                  
           9         Copes Vulcan.  My copy of the photographs of the disc configuration is                  
          10         not too clear, but . . . [rest redacted].                                               
          11   25. Mr. Miller states that since the Copes-Vulcan Brochure was sent to                        
          12   Mr. Sykes by facsimile, one would expect that the photographs of the discs                    
          13   shown in the brochure would not be too clear as stated in the June 26 letter                  
          14   (2003 Miller declaration ¶ 15).                                                               
          15   26. Mr. Miller states that the handwritten notes at the upper left corner of                  
          16   Exhibit 16 were made by him, listing the names of persons to whom he                          
          17   distributed copies of Mr. Sykes letter (2003 Miller declaration ¶ 16).                        
          18   27. Mr. Miller states that his letter of June 20, 1997, to Mr. Sykes                          
          19   (Exhibit 15) and Mr. Sykes letter of June 26, 1997, back to him (Exhibit 16),                 
          20   are two dated documents corroborating the publication of the Copes-Vulcan                     
          21   Brochure more than one year before the June 30, 1998, filing date of the                      
          22   patent application (2003 Miller declaration ¶ 17).                                            



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