Interference No. 104,190
instant case it is the same subject matter that is claimed to
have been conceived by both Parins and Rydell at separate
times with no recollection on the part of Parins of another’s
work.
For persons to be joint inventors under
Section 116, there must be some element of
joint behavior, such as collaboration or
working under common direction, one
inventor seeing a relevant report and
building upon
it or hearing another's suggestion at a
meeting . . . . Individuals cannot be
joint inventors if they are completely
ignorant of what each other has done until
years after their individual independent
efforts. They cannot be totally
independent of each other and be joint
inventors.
We therefore hold that joint
inventorship under Section 116 requires at
least some quantum of collaboration or
connection.
Kimberly-Clark Corp. v. Procter & Gamble Distrib. Co., 973
F.2d
911, 917, 23 USPQ2d 1921, 1926 (Fed. Cir. 1992).
Parins' testimony includes a definitive statement by
him that he conceived of the subject matter in November 1994.
PR19. Rydell had left Everest in late 1993 and did not consult
on bipolar scissors thereafter. PR130. The Junior party
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