Interference No. 103,891
Hammond to conduct marketing research with respect to prospective
products. FR1-2. Hammond was an independent marketing special-
ist. On July 6, 1989, Hammond held a marketing study at the
facilities of National Data in Northfield, Illinois. FR2. The
marketing study presented two prospective products, in detail, to
the attendees. Their reactions to the products were surveyed.
The attendees were nurses and medical technicians, the target
users of the prospective products. FR2. The attendees were
under no obligations of confidentiality. FR2. Hammond provided
a summary of the presentation, and it is of record as FX-1. FR2.
Audio and video recordings of the study were also made. FX-1
at 3.
Exhibit FX-1 is Hammond’s summary of the marketing
presentation, and it is discussed in detail by Flanders’ expert
Dr. Salvati. In the presentation made to the attendees of the
marketing study were two types of chromatographic assays. FX-1.
These assays test for the presence of Streptococcus pyogenes,
commonly called strep. FR5, ¶ 3. The two assay devices were
called Concept N and Concept S. FR2, ¶ 5. Concept S is the
alleged prior art.
Concept S is portrayed on the two pages after page 17
of FX-1. On the first page, the contents of a Concept S kit are
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