Interference No. 103,587
printed on that date. An enlargement was made from the original image, which enlargement is
identified as LX-15.
Raphael had received a U.S. patent for an invention in another field and attempts were
made to license that earlier patent. In September 1989 Raphael licensed the earlier patent to a
large U.S. corporation. Using the money from the license, he filed his patent application on
Dot 2.
Levien’s Position
It is urged that Raphael Levien established corroborated conception of the invention on
November 8, 1987 when he told his father about Dot 2.
The junior party asserts that the computer program WAVY.BAS is compelling evidence
of a reduction to practice on November 12, 1987 because this Dot 2 program was actually used
to print an image on that date.
It is argued that evidence that the program worked for its intended purpose is that a
C program (LX-14), which is equivalent to the WAVY.BAS program, produced viewable
images with a novel specialty effect of “wavy lines” (LX-13). Furthermore, an actual image
which was screened using the WAVY.BAS algorithm is shown in LX-12, which establishes that
WAVY.BAS was capable of working for its intended purpose.
It is alleged that the linking of a proven date of existence of the WAVY.BAS program
and testimony that the inventor always printed out screened images as he finished writing a
screening program in order to see the results proves that an actual reduction to practice is more
likely than not to have occurred at the time. Further reason to believe that WAVY.BAS was
used to print actual images on November 12, 1987 is the name of the computer file itself. The
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