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submitted the affidavits of Michael J. Cooper and Dale L. Curren,
and the declaration of Patricia Zentner. Michael J. Cooper
describes the events leading to the unsigned declarations of Cruz
and Alvarado (supra note 6 and accompanying text). Dale L.
Curren, a computer systems analyst with respondent’s Office of
Chief Counsel, describes and furnishes a PPI homepage and PPI
contact page secured at some unstated date, which appears to have
been no earlier than August 4, 1999. Patricia Zentner, an
international examiner for respondent, describes various
documents she sent to, or received from EA (and her notes on
those documents), and various documents showing that certain
paperwork in connection with EAPR activities originated in EA’s
offices in San Mateo, California. For purposes of the instant
partial summary judgment motion, we have treated the statements
as to matters of fact in the Alvarado declaration as though (1)
they accurately describe the events they deal with, and (2) the
events that occurred before Alvarado was hired also were
consistent with these statements--except, of course, to the
extent that the statements are contrary to the parties’
stipulations.
One more preliminary matter: At various points in their
analyses, both sides urge us to follow the “plain meaning” of the
statutes. Of course, each side understands the plain meaning to
be about 180 degrees different from the other side’s view of the
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