MORRISON et al. V. MANNHEIMER et al. - Page 91




          Interference No. 103,197                                                      


          November 1987 and March 15, 1988, probe designs.  The fact                    
          that prior to that date Dr. Morrison had ordered and received                 
          some equipment and supplies does not imply the existence of an                
          intent at that time to reduce to practice of one of the                       
          earlier designs, let alone to begin such an effort as soon as                 
          the proper equipment could be obtained.                                       


          Furthermore, the evidence fails to establish that the                         
          equipment and supplies were ordered and used in an expeditious                
          manner.                                                                       
               Also, Dr. Morrison's testimony about making an adapter in                
          order to correct a communication problem between the                          
          spectrometer and the photomultiplier is also unconvincing for                 
          several reasons.  First, it lacks sufficient specificity                      
          regarding how these instruments were to be used together in a                 
          test, why they failed to communicate, and when the work on the                
          adapter began and was completed.  Second, the testimony lacks                 
          sufficient corroboration.                                                     
          Helen Morrison's testimony that Dr. Morrison was always                       
          working on the probe.  Nor does Meyer confirm that Dr.                        
          Morrison was experiencing a communication problem between the                 

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