KEITH et al. V. COELHO - Page 24




          Interference No. 103,270                                                    



          and most of the apparatus to be used, e.g., guide catheters,                
          wire-                                                                       
          guided angioplasty balloons, etc., was already known.  Even                 
          the mechanism to inhibit movement of the guidewire was made up              
          of essentially known items, i.e., a balloon on the end of a                 
          lumen.                                                                      


          Therefore, we consider that Keith et al. did at that time                   
          define the invention such that only ordinary skill would be                 
          necessary to reduce it to practice.  Burroughs Wellcome Co.,                
          supra.  The fact that issues were discussed at the meeting                  
          about what balloon material would be desirable, etc. (KR-43,                
          44), and that some problems may have been subsequently                      
          encountered later, as argued by Coelho at CB-68 at seq., does               
          not change our conclusion that the disclosure by Keith on                   
          October 3, 1988 enabled others to reduce the invention to                   
          practice "without extensive research or experimentation."  Id.              
          Also, we note that "an inventor need not know that his                      
          invention will work for conception to be complete."  Id.                    
          Keith et al. Diligence                                                      


                                          24                                          





Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next 

Last modified: November 3, 2007