Q We've talked today a little bit about some of the things
that are outside the intrinsic record that you reviewed in
connection with coming up with your opinions; do you recall
that?
A I assume I recall Dictionary definitions, for example, yes,
they were not specifically in the intrinsic record.
Q And as part of your analysis in the process of coming up
with your opinions, did you take a look at the Flashback
device?
A I did not have a physical Flashback device to examine.
Q Did you ask your counsel to get one for you?
A I remember I do recall asking if they had one. I don't
recall whether they physically had one or not. I certainly
didn't have access to one.
Q Did you engage in any efforts to acquire one?
A I did not personally, no.
Q The Flashback is referenced in the intrinsic record; isn't
that true?
A I don't know that the term . . . well, let me take that
back.
So as I recall, there were copies of magazine
articles, for example, that I believe refer to the product by
that name.
Q And in addition to those articles, the applicants
specifically told the examiner, it's self-evident that the,
quote, Flashback recorder, end quote, in the exhibits is the
invention disclosed and claimed in the application and thus
satisfy the second requirement of the prima facie case; isn't
that correct?
A I do recall that statement. I recall it because in part I
found it somewhat interesting statement to say it's
self-evident. I didn't know what that meant.
Q And the applicants went on to say, quote, Applicants
further hereby confirm this fact by this response. End quote.
A Yes, I do recall that assertion, yes.
Q So the intrinsic record has statements of the applicants
telling the examiner that the Flashback is an embodiment of the
invention disclosed and claimed in the application; isn't that
correct?
A They made that assertion, that's correct.
