Interference No. 103,197
Nevertheless, we agree with Buschmann that the February
1988 tests failed to constitute an actual reduction to
practice. They fail with respect to the November 1987 designs
because the test apparatus did not employ the structure used
in those designs, i.e., two hypodermic corkscrew needles
containing optical fibers and supported in a fixed
relationship to each other by a single probe body. The tests
also fail as a simultaneous conception and reduction of
practice of a probe design employing two nearly parallel,
straight, separately supported hypodermic needles because
there is no contemporaneous evidence demonstrating that Dr.
Morrison and/or Dr. Yue contemplated using such an arrangement
in the "complete and operative invention, as it is hereafter
to be applied in practice," as is required for conception.
Burroughs Welcome, 40 F.3d at 1227-288, 32 USPQ2d at 1919.
Following the February 1988 tests, Dr. Morrison made no
attempt to construct an probe tip employing straight needles;
instead, he turned his attention to the problem of how to
construct corkscrew hypodermic needles containing optical
fibers. The first probe design by Morrison and Yue that did
not employ at least one corkscrew hypodermic needle is the
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