Interference No. 103,587
name of the file makes it more probable than not that the file was used to make images on the
above date because wavy is graphically descriptive of the images made.
Levien asserts a second reduction to practice occurred on November 30, 1987, when the
print identified as LX-9 was taken. The junior party submits that the print shows a sixteenth
birthday celebration for Levien’s brother, Alex.
The junior party argues that it was diligent from prior to Katayama’s entry into the field
on November 16, 1987 to its reduction to practice on November 30, 1987. It is asserted that
diligence toward reduction to practice is evidenced by the performance of numerous gray scale
tests, then experimenting with parameter adjustments and finally making image printouts. The
picture of November 30, 1987 identified as LX-9 was screened using the later developed
techniques of serpentine scan and different prior dots (the dot above and the dot to one side).
Changing the scan pattern and experimenting in the selection of different prior outputs occupied
the efforts of Raphael Levien between his activity with WAVY.BAS on November 8, 1987 and
the reduction to practice on November 30, 1987.
Katayama’s Position
The senior party argues to the effect that Levien’s case for conception is insufficient
because (1) the junior party has produced no documents to corroborate conception on
November 8, 1987 and nearly nine years passed between the events in question and
Jack Levien’s corroboration testimony, (2) the corroborator is the inventor’s father and
(3) Jack Levien failed to state whether or not the inventor’s concept included the use of a
recursive relationship between a value of a current input point, a previous output, and an error
representing a difference between a value of a previous input point and a previous output.
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