Interference No. 103,146
Barker has conceded that the flow-through housing
embodiment with the probe eyelet extending substantially
across the lumen was conceived by Cook, one of the senior
party inventors, by at least December 24, 1980. Barker brief
at 27. That day, Cook drew by hand and dated a sketch of an
invention within the scope of the count. EX-27; ER168-172.
Elson
exhibit 10, EX-10, is an engineering or formal drawing
prepared for manufacturing a prototype of an embodiment within
the scope of the count. The drawing EX-10 has a date of
February 9, 1981. The drawing is described in the testimony
of Chin, Switzer and Cook, the former two witnesses being non-
inventors.
The Record further establishes that a prototype of
the Elson closed-loop injectate system was undergoing testing
by March 1981. Anita Switzer testified that she performed
bench tests of a prototype of the invention before March 26,
1981. EX-58; ER441-446.
Proof of actual reduction to practice requires
demonstration that the embodiment relied upon as evidence of
priority actually worked for its intended purpose. Newkirk,
19
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