Interference No. 103,029
and circumstances independent of information received from the
inventor. Reese,
661 F.2d at 1225, 211 USPQ at 940. See also, for conception,
Rivise and Caesar, Interference Law and Practice, Vol. I, §
126 and Vol. III, § 542 (Michie Co. 1947) and for reduction to
practice, Vol. III §§ 543 and 544.
It is apparent to us that Barnhouse and Yu at
Goodrich conceived of the invention and communicated that
conception to Federl and Kipouras at Borg-Warner prior to May
31, 1984. Only Barnhouse had a complete understanding of the
invention that included every feature thereof including the
composition of the ECH/EO copolymer. Only Barnhouse could
describe the invention with particularity. Burroughs, 40 F.3d
at 1228, 32 USPQ2d at 1919. Federl and Kipouras by
stipulation have admitted that no evidence exists that
establishes that they knew the composi- tion(s) of the
copolymer part of the blended ABS before May 31, 1984.
Barnhouse’s testimony regarding conception and communi- cation
35
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