MORRISON et al. V. MANNHEIMER et al. - Page 89




          Interference No. 103,197                                                      


                    46.  During the months of March, April and May 1988,                
               I would periodically show Joe Meyer, Professor at                        
               Illinois Mathematics and Science Academy, at my home the                 
               rough fetal probe mock-up design I tested in February                    
               1988.  I remember that Joe Meyer and his wife would                      
               periodically visit my home in the evening for dinner                     
               together and that when he visited, I would show Joe Meyer                
               the laboratory I was building in my basement for building                
               and testing the invasive fetal pulse oximetry probe.  We                 
               typically would look over all of the new equipment that I                
               was acquiring and using to work on the fetal probe                       
               project.                                                                 


          Dr. Morrison's testimony that he was building and testing                     
          probes during that time period lacks adequate corroboration.  135             
          Helen Morrison's testimony that she "was constantly aware of                  
          the development activities regarding the fetal oximetry probe                 
          from its conception to the present"  and that between August136                                       
          1987 and the filing date of the application in May 1990, her                  
          husband never let more than one day pass without working on                   
          the fetal probe project, unless she was sick,  lacks137                             
          sufficient specificity as to facts and dates to serve as                      


            Buschmann does not contend that the documentary135                                                                      
          evidence are insufficient to prove the orders and receipts of                 
          equipment and supplies.                                                       
            H. Morrison, MR 150, ¶ 16.136                                                                      
            H. Morrison, MR 972:19 to 973:8.137                                                                      
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