Interference No. 103,878
Henson’s testimony diverges with respect to
Milling’s on this point, however. In cross-examination,
Milling undoubtedly claimed to have come up with the idea of
using a high bay reflector on the NEMA head by herself. When
speaking of what she called the skycap, she was asked, “Did
you design it?” Answer: “Yes, sir.” JP231. And at JP234,
Milling stated:
Well, I mentioned to Jim about, Let’s check
and see if this would work before we did
this. I mean, I had thought about it in
the morning and when I got to the office, I
said, Hey, look at this, because I didn’t
know if it would work or not, and he’s been
in that business longer than I.
What Milling is describing is clearly the mental part of
inventing. Her testimony, while uncorroborated, is closer to
a conception than any act by either Henson or Wilkerson.
Furthermore, in our view, it is not possible for
Brammer or Wilkerson, who received the facsimile from Henson
with a drawing of the invention, to corroborate any conception
by Henson. They can only state the contents of the facsimile
they received and who they received the facsimile from. JP17;
JP21.
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