Interference No. 103,197
subject matter of the count, the testimony of neither of these
witnesses can be relied on to corroborate the testimony of the
other. Manny v. Garlick, 135 F.2d 757, 768, 57 USPQ 377, 388
(CCPA 1943).
1. The November 24, 1987, designs as evidence of
conception
Morrison's earliest designs for a fetal pulse oximetry
probe appear in MX 42, five pages of drawings and notes that
Dr. Morrison made during a November 24, 1987, meeting which
was also attended by co-inventor Dr. Yue and by the following
Lake Region Manufacturing Company (hereinafter, Lake Region)
personnel: Theodore Johnson, Joseph Fleischaker, Jr., Joseph
Fleischaker, Sr., and Don Hanson. Johnson, the only non-58
inventor witness who testified about this exhibit, testified59
that he is certain this exhibit is an accurate copy of what
Morrison prepared at that meeting. This testimony is60
sufficient to establish
Johnson, MR 22, ¶¶ 3-6; MR 498:6-16.58
Hanson testified without mentioning this exhibit or59
the November 24, 1987, meeting. Neither of the Fleischakers
testified.
MR 493:18 to 494:19.60
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