BARKER V. ELSON et al. - Page 15




                 Interference No. 103,146                                                                                                               



                 corroborating testimony of inventor as to date of conception).                                                                         
                   See also, for conception,                                                                                                            
                 Rivise and Caesar, Interference Law and Practice, Vol. I, §                                                                            
                 126 and Vol. III, § 542 (Michie Co. 1947) and for reduction to                                                                         
                 practice, Vol. III §§ 543 and 544.                                                                                                     


                                                        Barker’s Priority Case                                                                          
                                   For proof of conception, Barker relies on Barker’s                                                                   
                 testimony and the sketch attached as page 68 of BX-118 dated                                                                           
                 December 8, 1981.  See Barker brief at 15, 52.  Apparently,                                                                            
                 Barker is relying on the construction and photographing of a                                                                           
                 prototype on May 5, 1982 and electrical leakage tests of the                                                                           
                 same or similar prototypes “in and around May 1982"  as an                                  5                                          
                 actual reduction to practice.  Barker Brief at 19, 55.  Again,                                                                         
                 Barker   is relying on his own testimony (BR43-46) and Barker                                                                          
                 exhibit                                                                                                                                
                 BX-126-128 for the photographs and memorandums BX-123, 124                                                                             
                 ordering tests along with BX-125, test results.                                                                                        



                          5BR45.                                                                                                                        
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