market evaluation only" (Rowland Exhibit 2032). Thus, the letter
suggests that the features of the product were not to be
disclosed to the general public.
For the reasons stated above, Rowland suppressed or
concealed its invention, assuming that it had actually reduced
the invention to practice by 11 October 1991.
Rowland's alternative arq=ent that it reduced
the invention to practice on 8 February 1994
Assuming that the 11 October 1991 activities establish only
a prior conception and not an actual reduction to practice,
Rowland must demonstrate that it actually reduced the invention
to practice on 8 February 1994 and that it was diligent from a
time just prior to Weaver's 31 January 1994 benefit date until
its 8 February 1994 reduction to practice date.
Rowland submits that on or about January 10, 1994, Rowland
sent three-lumen Ultratome XL devices to physicians for their
evaluation, that one went to Dr. Carr-Locke at Brigham and
Women's Hospital in Boston, and that Dr. Carr-Locke used the
device in a patient on 8 February 1994 (Paper 96 at 23). In
support of this assertion, Rowland directs us to its exhibits
2032 and 2033.'
5 Rowland's brief refers to 11RR 2911 - record page 29.
However, no page 29 was ever submitted by Rowland. During oral
argument, counsel for Rowland indicated that the references to
"RR 2911 were typographical errors and that the references to "RR
291, should be replaced with references to Ex. 2033 (Transcript at
81). After the hearing, Rowland submitted a "revised brief" to
21
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