SOLOMON V. BHAGAVATULA - Page 12




                40 F.3d 1223, 1228,  32 USPQ2d 1915, 1919 (Fed. Cir. 1994),  cert. denied, 116 S. Ct. 771 (1996);                             
                Coleman v. Dines, 754 F.2d 353, 359, 224 USPQ 857, 862 (Fed. Cir. 1985); Gunter v. Stream, 573                                
                F.2d 77, 80, 197 USPQ 482, 484 (CCPA 1978).  The idea must be "so clearly defined in the inventor's                           
                mind that only ordinary skill would be  necessary to reduce the invention to practice, without extensive                      
                research or experimentation." Mahurkar, 79 F.3d at 1597, 38 USPQ2d at 1291;  Burroughs, 40 F.3d at                            
                1228, 32 USPQ2d at 1919.  A conception must include every feature or limitation of the count. Kridl, 105                      
                F.3d at 1449, 41 USPQ2d at 1689.  Thus, in order to establish conception, a party must prove possession                       
                of every feature stated in the count, and that every limitation of the count must have been known to the                      
                inventor at the time of the alleged conception.  Coleman, 754 F.2d at 359, 224 USPQ at 862; Davis v.                          
                Reddy, 620 F.2d 885, 889,  205 USPQ 1065, 1069 (CCPA 1980).  Each express limitation of the count                             
                is considered material and cannot be disregarded.  Schur v. Muller, 372 F.2d 546, 551, 152 USPQ 605,                          
                609 (CCPA 1967).                                                                                                              
                         Conception can not be proved by the inventor’s testimony alone, it must be corroborated.  Gambro                     
                Lundia AB v. Baxter Healthcare Corp., 110 F.3d 1573, 1576, 42 USPQ2d 1378, 1381  (Fed. Cir.                                   
                1997); Price v. Symsek, 988 F.2d 1187, 1194, 26 USPQ2d 1031, 1033 (Fed. Cir. 1993).  "Conception                              
                must be proved by corroborating evidence which shows that the inventor disclosed to others his 'complete                      
                thought expressed in such clear terms as to enable those skilled in the art' to make the invention."  Coleman,                
                754 F.2d at 359,  224 USPQ at 862 (quoting Fields v. Knowles, 183 F.2d 593, 601,  86 USPQ 373,                                
                379 (CCPA 1950)).  However, "there is no final single formula that must be followed in proving                                
                corroboration."  Berry v. Webb, 412 F.2d 261, 266, 162 USPQ 170, 174 (CCPA 1969). Rather, the                                 
                sufficiency of corroborative evidence is determined by the "rule of  reason."  Scott, 34 F.3d at 1061-62,                     
                32 USPQ2d at 1118; Holmwood v. Sugavanam, 948 F.2d 1236, 1238, 20 USPQ2d 1712, 1714 (Fed.                                     
                Cir. 1991).  Price, 988 F.2d at 1195, 26 USPQ2d at 1037;  Berry, 412 F.2d at 266, 162 USPQ at 173.                            
                Accordingly, we must make a reasonable analysis of all of the pertinent evidence to determine whether the                     
                inventor's testimony is credible.  Price, 988 F.2d at 1195, 26 USPQ at 1037. We must also bear in mind                        
                the purpose of corroboration, which  is to prevent fraud, by providing independent confirmation of the                        
                inventor's  testimony.  See Berry,  412 F.2d at 266, 162 USPQ at 173 ("The purpose of the rule requiring                      


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