and release to production; (7) in September 1993 assignment of
product numbers were made; (8) in November 1993 Rowland
distributed a memo regarding the Ultratome XL project which
addressed launch target date, assigning a product name, printing
and packaging details and samples required for applications; (9)
testing on the orientation of the tips of the three lumen
catheter is ongoing; (10) 18 November 1993 - the first four lots
of the Ultratome XL are built on the production floor, and at the
same time, there is a concern related to wall thicknesses of the
three-lumen catheter; (11) January 10, 1994 market evaluation
period begins (Paper 108 at 17-19).
Thus, as demonstrated from the above Rowland was
continuously improving the three-lumen catheter during the 31
months. The inventors were continuously testing and improving
the three-lumen catheter in order to overcome problems with tip
orientation, quality of tubing, trifurcation, skiving irrigation
ports, paint adhesion, and wall thickness of the tubing. Yet,
Rowland fails to demonstrate that the improvements made were part
of its application.
The other activities that Rowland directs us to reflect
Rowland's efforts to commercialize the "improved" three-lumen
catheter device, such as establishing a plan for developing and
launching the three-lumen catheter, seeking regulatory approval,
assigning a product name, printing and packaging of the product,
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