Interference No. 103,197
6. The March 15, 1988, design as
proof of conception
As the November 1987 designs and February 1988 tests are
insufficient to establish conception or an actual reduction to
practice, it is necessary to consider whether the design
depicted in the drawings dated March 15, 16, and 21, which are
prior to Buschmann's March 24, 1988, benefit date,
constitutes a conception. These drawings (MX 45-48), which
were made by Ted Johnson, showing a different fetal probe
design that is hereinafter referred to as the March 15, 1988,
design. MX 47 is a copy of a page dated March 16, 1988, from
Johnson's Lake Region notebook, witnessed by Hanson at the118
time it was made, and containing three sketches. The top119
sketch, labeled "PRESENT DESIGN," shows a plastic, cylindrical
fetal probe body having a .022" s.s. (stainless steel) cork
screw extending one from face and two twisted leads extending
from the other. Although Ted Johnson explained that this
sketch represents a market device which was not used for
T. Johnson, MR 29, ¶ 20.118
Hanson, MR 42, ¶ 4.119
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