Weaver argues that Rowland has failed to prove a date of
conception prior to its January 31, 1994 filing date. Weaver
argues that none of Rowland's declarants compare the elements of
the count with the elements of the proofs (Paper 102). We
disagree. Rowland has proved conception by at least 11 October
1991. At that time, the inventors built a prototype of the
three-lumen catheter. Inventors Vergano and Eddy testified to
this, along with noninventor Bell, who assisted in building the
prototypes (Finding 17).
Verganc, Eddy and Bell testified in detail that the
prototypes built were as shown in Rowland's parent patent which
shows the elements of a three-lumen catheter having a lumen for a
cutting instrument, a lumen for contrasting fluid, and a lumen
for a guide wire (Finding 18). The figures that the declarants
direct us to show three separate lumens as recited in the count.
Weaver does not challenge the inventors' or Ms. Bell's testimony.
Weaver did not cross-examine any of the Rowland declarants.
Thus, Rowland has established a prior conception by 11 October
1991.
"In order to establish an actual reduction to practice, the
inventor must prove that: (1) he constructed an embodiment or
performed a process that met all the limitations of the
interference count; and (2) he determined that the invention
would work for its intended purpose." Cooper v. Goldfarb, 154
11
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