Interference No. 101,981
Batlogg (BaI2) also discusses the applicable standard for
conception, arguing that “conception of the instant invention
requires not only possession of the chemical formula of the
composition (e.g., possession of the formula YBa 2Cu3Ox) but also
experimental verification that the composition is at least 90%
orthorhombic YBa2Cu3Ox and has R=0 at 70K or above.” BaB 30-31.
“Conception is established by showing ‘the formation in the
mind of the inventor of a definite and permanent idea of the
complete and operative invention as it is thereafter to be
applied in practice * * *.’” Rebstock v. Flouret, 191 USPQ 342,
344 (Bd. Pat.Int. 1975). While every element of the count need
not be conceived, as Qadri indicates, the disclosure should
provide enough information to yield the composition without
extensive experimentation.
[T]he law does not require that every element of the counts
be conceived; rather, the test of conception is whether the
disclosure by the inventor(s) was such that no extensive
research or experimentation would be required for one of
ordinary skill in the art to construct the invention in issue
based upon that disclosure.
Vancil v. Arata, 202 USPQ 58, 60 (Bd.Pat.Int. 1977). Under this
test, therefore, any determination of whether the parties
conceived the composition of the count will depend on whether any
elements of the composition were not conceived and extensive
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