Interference No. 103,146
as a whole, senior party Elson has established a reduction to
practice of the subject matter of the count by September 25,
1981, the date of the Edwards internal memorandum (EX-20).
Leakage
Notwithstanding the evidence that Elson has adduced
with respect to actual reduction to practice, Barker argues
(Brief at 30, 57-63) that Elson failed to reduce the invention
to practice in the 1981 time frame because of a leakage
problem with some of the closed loop injectate systems.
Barker cites the discussion of a leakage problem in
Elson Exhibit 52, the October progress report at 009864-5,
009897 and in Elson Exhibit 53 at 009816. It is important to
note, that the first units manufactured exhibited little or no
leakage. BX-107. This Briggs memo states that only one unit
of the first 529 units manufactured actually leaked. These
were the units intended for field and clinical trials. No
leaks, whatsoever, were reported during the clinical trials
that we have held establish a reduction to practice. However,
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