"Charles L. Harness-An Ornament to His Profession" - читать интересную книгу автора (Harness Charles L)

testimony, but rely purely on our filing date. Chances: better than even. If we're junior party, we lose
hands down.
"Second primary. We fight. Firstly, this gives subvariant A. With Paul's help we find the real inventor.
We buy his invention from him, and, if he hasn't already published, we file a good and true application for
him. We enter a motion to substitute the new case for Paul's case, and then we expressly abandon Paul's
case. If this inventor actually has published in the way Paul remembers, this gives subvariant B. We find
that thesis, then we move to dissolve the interference, contending that the sole count is unpatentable over
the disclosures in the thesis."
Patrick twisted his mustache nervously. "However you state it, we wind up with no chance of a patent.
Maybe we can live with that. Perhaps we can forgo a patent-based monopoly. But there's one thing we
must have-- and that's the right to build the plant, free and clear from interference or infringement of
anybody else's patent. Can we tell the Board we have that right? The Board wants to know. They're
going to vote on it Monday. And I don't think we can tell them anything... not yet. The economics and
market are there. Everything hangs on the patent situation. Bleeker says the vote will be to build, if the
patent picture is clear. We're holding the whole things up in our shop right here." He turned back to Cord
. "Alec, take it from the college thesis. Run the variations off from that."
"Variation One," said Cord, "the thesis is a good reference. This means it adequately describes the
invention, that it was at least typewritten, that it was placed on the shelves at the University Library,
available to all who might ask for it, and that all of this was done more than one year before either Paul or
his opponent filed their respective cases. This would support the motion to dissolve. Both parties would
lose, and neither would get a patent, fraudulent or otherwise. With no basic patent to be infringed, it
follows that anybody could build a Neol plant. Paul's application would be given a prompt final rejection
and would be transferred to the abandoned files in the Patent Office. Then it would lie buried until
destroyed under the twenty-year rule. Nobody would never learn about it.
"Variation Two. The thesis for some reason is not citable as a good, sufficient, and competent
reference under the Patent Office rules. For example, we might not find it in time, or if we do find it, it
might really present substantial differences from Paul's disclosure. Even if we are senior party, we will not
be able to negotiate a settlement of the interference without grave danger of discovery of what Paul did.
If we turn out to be junior party, it's even more certain we can't settle the interference, but there's actually
less risk of being found out, if only because the opposition won't talk to us."
Patrick's mouth dropped. "All right. We always come back to the thesis. We've got to find it. If we
find it, we can build a Neol plant. If we can't find it, we can't build a plant, and even worse things will
probably happen to a number of people in this company." He turned to Cord. "Have you and Paul
exhausted every possibility, every lead?"
Cord nodded glumly. Paul Bleeker bent over and put his face in his hands.
Patrick sighed. He thought, "I'll have to do it the hard way. Tonight." He said, "Paul, you'll be over
tonight, won't you?"
"Yes, Con."
"Thanks, fellows. Paul, would you ask Sullivan to come in?"
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He must needes goe whom the devill doth drive.
-- John Heywood