Interference No. 103,587
comprising a plan of manipulating a pixel on top and both sides of a pixel using recursion, prior
outputs and hystersis on November 8, 1987. An inventor must prove conception by
corroborating evidence. Burroughs Wellcome Co. v. Barr Labs. 40 F.3d 1223, 32 USPQ2d 1915
(Fed. Cir. 1994).
We are also of the opinion that the party Levien has not established actual reduction to
practice at any time prior to its filing date. Levien’s case for actual reduction to practice fails for
the same reasons that its case for prior conception fails. The testimony of the sole corroborating
witness, Jack Levien, does not establish that the variable size of each plurality of adjacent dots
was determined from a recursive relationship involving, inter alia, a value of a current input
signal and an error representing a difference between a value of a previous input point and the
previous output. A party seeking to establish actual reduction to practice must show that it
constructed an embodiment that met every element of the count. Eaton v. Evans, 204 F.3d 1094,
53 USPQ2d 1696 (Fed. Cir. 2000). Furthermore, the testimony of Jack Levien is unpersuasive
because of the complexity of the invention and the fact that it has not been shown that he was
skilled in the particulars involved such that he understood and would be able to recall what he
actually saw, he was the inventor’s father, and he testified largely from memory some nine years
after the occurrences of which he spoke. The requirement for independent corroboration of
actual reduction to practice is well established. Reese v. Hurst v. Wiewiorowski, 661 F.2d 1222,
211 USPQ 936 (CCPA 1981).
There is no corroboration that the WAVY.BAS program of LX-10 would determine the
variable size of each of a plurality of adjacent dots from a recursive relationship between a value
of a current input, a previous output, and an error representing a difference between a value of a
previous input point and the previous output. Furthermore, there is no corroboration that the
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