Interference No. 104,190
Conception is complete when one of ordinary skill in the art
could construct the apparatus without unduly extensive
research or experimentation. Sewall v. Walters, 21 F.3d 411,
416, 30 USPQ2d 1356, 1359. See Summers v. Vogel, 332 F.2d
810, 816, 141 USPQ 816, 821 (CCPA 1964); In re Tansel, 253
F.2d 241, 243, 117 USPQ 188, 189 (CCPA 1958). Priority,
conception, and reduction to practice are questions of law
which are based on subsidiary factual findings. Cooper v.
Goldfarb, 154 F.3d 1321, 1327, 47 USPQ2d 1896, 1901 (Fed.
Cir. 1998).
For evidence of conception, the junior party is
relying on work done by Mark A. Rydell at Everest Medical in
December 1991. The junior party has also filed a renewed
motion to add Rydell as a named inventor. The motion has9
been deferred to this final decision.
The record reflects that at least by August 26,
1991, Rydell was at work at Everest on bipolar electrosurgical
cauterizing scissors. PR2; PX-2. On December 4, 1991, Rydell
recorded details of a new scissors embodiment on page 22 of
9Paper No. 42.
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