Interference No. 103,029
The contacts between Barnhouse and Borg-Warner
personnel, primarily Federl and Kipouras, started at least as
early as June 1983, and Barnhouse had supplied samples to
Borg- Warner prior to May 31, 1984. KR622; Stip.¶2; KX-15.
Barnhouse
continued to supply samples to Borg-Warner after May 31, 1984.
KR658.
To prove derivation, a party must show (1) prior
conception of the subject matter of the count and (2) communi-
cation of the conception to the opponent. Price, 988 F.2d at
1190, 26 USPQ2d at 1033; Hedgewick, 497 F.2d at 908, 182 USPQ
at 169. Furthermore, the party must show that the
communicated subject matter would have been sufficient to
enable one of ordinary skill in the art to construct and
successfully operate the subject matter of the count. Mead v.
McKirnan, 585 F.2d 504, 507, 199 USPQ 513, 515 (CCPA 1978).
Conception has been defined as the formation, in the
mind of the inventor, of a definite and permanent idea of the
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