KEITH et al. V. COELHO - Page 17




                 Interference No. 103,270                                                                                                               



                 which she describes at CR-157 (supra), taken with the                                                                                  
                 description of the "Concept" and the apparatus shown in CX-65                                                                          
                 and 66, is sufficient to show by corroborated evidence that as                                                                         
                 of December 2, 1988, Coelho was in possession of a conception                                                                          
                 of the method recited in count 2.                                                                                                      
                                   Keith et al. contend that Enger's testimony is not                                                                   
                 credible because her testimony as to when Coelho explained his                                                                         
                 ideas to her is based on the date of CX-65 and 66.  This                                                                               
                 argument is not persuasive.  Enger was the person who signed                                                                           
                 and dated                                                                                                                              
                 CX-65 and 66, and testified that when she did so, Coelho had                                                                           
                 previously explained his ideas to her (CR-158).  Thus, her                                                                             
                 testimony as to when Coelho explained his ideas to her is                                                                              
                 consistent with the date of the notebook pages, and there is                                                                           
                 no                                                                                                                                     
                 evidence in the record to contradict it.   Keith et al. also            7                                                              
                 assert that Enger's statement that Coelho had explained that                                                                           
                 one mechanism to freeze the position of the guidewire "could                                                                           




                          7We note that Enger was not cross-examined.                                                                                   
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