Interference No. 103,467
junior party conceived of a solution to the problem of never
having a miniature screwdriver handy when the hinge screw of
his glasses needed tightening. WR2; WR8; WR12. He
communicated this idea over the phone to his wife Hayley on
several occasions prior to March 16, 1992. WR6.
Before March 16, 1992, the junior party constructed
a prototype of the invention. WR2; WR8; WR12. The prototype
is of record as the junior party exhibit. By testimony (WR
2; WR8; WR12) and by our own inspection, we deem the prototype
to be subject matter within the scope of the count. The
prototype was used for several months after construction.
WR3; WR9; WR13. This use was prior to March 16, 1992. WR3;
WR9; WR13.
Priority, conception, and reduction to practice are
questions of law which are based on subsidiary factual
findings. See Hybritech Inc. v. Monoclonal Antibodies, Inc.,
802 F.2d 1367, 1376, 231 USPQ 81, 87 (Fed. Cir. 1986), cert.
denied, 480 U.S. 947 (1987). A reduction to practice can be
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