From Pacer I viewed (not under seal)Exhibit 5, Higgins deposition stating that he filed on behalf of both Moore/Fish as co-inventors only to meet time constraints and submit before GATT. His overall remarks are supportive of Fish/PTSC as he cites the ability within CFR 37 to easily correct the improper recognition of co-inventorship granted to Moore at a later time.

Blame it on Clinton/GATT, but the impetus to rush to filing was strategic as stated in the linked commentary above and text below.

Let`s hope the Judge buys off on it.

I have the Pacer exhibit 5 as a PDF file, but can not cut`n paste to this space.

I will submit additional snipits from that PDF file on request.

______________from the link.

January 1995

In this issue:

U.S. Patent Law Changes in the Wake of GATT Mean Changes in Patent Strategies

Conclusion: ``File Early, File Often``

Our oft-repeated advice to file early and often has particular relevance after the GATT legislation. First, it will be important to beat the June 8, 1995 deadline. If a pending patent application is likely to be divided up by the PTO (that is, subject to a restriction requirement), then it may be of benefit to patent duration to divide up the application now, before the deadline, by filing appropriate divisionals or continuations in part, so that eachresulting patent may enjoy a floor of 17 years of life. (Note that where additional improvements are to be included in a continuation-in-part application, it is a good idea to start now in preparation of the application.)

Second, when the June 8, 1995 deadline is upon us, the new provisional applications will be available. Their low filing costs and benefits with respect to priority make them practical for very frequent and rapid use as technology is enhanced by applicants. The filing of continuation applications after this deadline, however, may become a much less common event, unless HR 359 is enacted. Stay tuned.

The dots are connecting and we longs shall soon have continuity and a settlement.

Merry Theological Diversities,

Raillery