MORRISON et al. V. MANNHEIMER et al. - Page 90




          Interference No. 103,197                                                      


          adequate corroboration.  See Kendall, 173 F.2d at 993, 81 USPQ                
          at 369 (testimony by inventor's wife and son that the inventor                
          from the time of conception worked continuously on development                
          of invention "was not specific as to dates and facts" and                     
          therefore "does not constitute the kind of corroboratory                      
          evidence required to establish appellant's diligence during                   
          the critical period").  See also Gould v. Schawlow, 363 F.2d                  
          908, 920, 150 USPQ 634, 644 (CCPA 1966) (holding insufficient                 
          testimony by inventor's wife that her husband continuously                    
          worked on the invention at home from the                                      
          time he said he conceived the idea, citing Kendall, 173 F.2d                  
          at 993, 81 USPQ at 369).                                                      
               While Meyer confirms that during visits to the Morrison                  
          home during the spring of 1988 he saw new test equipment and                  
          supplies that Dr. Morrison was acquiring to test the invasive                 
          fetal probe,  he does not confirm that any probes were being138                                                               
          built and tested at that time.                                                
               Thus, the evidence fails to show that Dr. Morrison or Dr.                
          Yue had made a decision prior to Buschmann's March 24, 1988,                  
          benefit date to begin a reduction to practice of one of the                   

            Meyer, MR 39-40, ¶ 12; MR 162, ¶ 22.138                                                                      
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