MORRISON et al. V. MANNHEIMER et al. - Page 45




          Interference No. 103,197                                                      


          sufficiency of the disclosure of Morrison and Yue's conception                
          evidence must be judged from the standpoint of a person having                
          ordinary skill in both arts.  Compare In re Brown, 477 F.2d                   
          946, 950-51, 177 USPQ 691, 694 (CCPA 1973) (where the                         
          invention involves two different technologies, the sufficiency                
          of the disclosure is to be judged in terms of a person having                 
          ordinary skill in both technologies) (citing In re Naquin,                    
          398 F.2d 863, [866,] 55 CCPA 1428 [158 USPQ 317, 319] (1968)).                
          A conception must also include every feature of the invention                 
          recited in the count.  Burroughs Wellcome, 40 F.3d at 1228,                   
          32 USPQ2d at 1919 (citing Coleman v. Dines, 754 F.2d 353, 359,                
          224 USPQ 857, 862 (Fed. Cir. 1985)).                                          
               It is clear that the November 1987 designs represent                     
          embodiments of probes that Drs. Morrison and Yue envisioned as                
          suitable for use in actual practice.  It is also clear that                   
          these probe designs, if used as intended, will satisfy every                  
          limitation of method Count 5, as is necessary to prove                        
          conception.  That is, the "radiation emitter sensor area" of                  
          the "monitoring device" recited in the count reads on the                     
          hypodermic needle and optical fiber that emit red and infrared                
          light into the tissue under examination; the "radiation sensor                

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