Interference No. 103,435
worked as a consultant at Allergan from June 1986 and until
April 1987, by Kenneth Mayhan.
In order to establish derivation, the Junior party must
show (1) prior, complete conception of the claimed subject
matter and (2) communication of the complete conception to
Larry Blake. Hedgewick v. Akers, 497 F.2d 905, 908, 182 USPQ
167, 169 (CCPA 1974).
In regard to the Junior party’s argument that Larry Blake
must have known about the plasma and corona work on haptics
and optics because of his presence in the laboratory where
testing on the haptic optic connection was being conducted,
the evidence shows that Larry Blake began as a consultant with
Allergan in June of 1986, and concluded as a consultant in
April 1987. During that period, Larry Blake was a consultant
in the area of research and development relating to silicone
lenses at Allergan. In this capacity, Larry Blake worked on
different projects at Allergan (C.R. 0461).
Jim Davenport, a manager at Allergan during the time
Larry Blake was a consultant, testifies that Larry Blake had
every opportunity to understand the treatment of haptics with
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