FLANDERS et al v. MOORMAN et al - Page 20




          Interference No. 103,891                                                    



          At the top of page 84 of FX-17, a schematic test strip is shown.            
          On the left side is a spot of APS antigen and further up is an              
          immobilized antibody.  This forms the positive zone within the              
          scope of the count.  To the right, is one spot of negative rabbit           
          Ig for the negative zone, and below both positive and negative              
          zones is a jetted stripe of test zone.  FR19.  Based on this                
          evidence, we credit Flanders with a corroborated reduction to               
          practice on December 22, 1988.  Corroboration is furnished by               
          Ms. Watts, a non-inventor.                                                  
                    Finally, we note the statement in Moorman’s brief that            
          Moorman has no issue with Flanders’ reduction to practice on                
          December 22, 1988.  Moorman brief at 8-9.                                   


          Moorman Priority Case                                                       
                    The following are our findings of fact with respect to            
          Moorman’s priority case.  Starting in late 1987, Moorman began              
          work on an on board control test strip device for medical diag-             
          nosis purposes.  MR1.  Specifically, he worked on a strip to                
          detect Group A Streptococcal carbohydrate, a molecule indicative            
          of a streptococcal infection in humans.  Id.; MR16-17.  Moorman             
          supervised two assistants–-Lisa Terrett and Dilip Pandya.  MR2;             
          MR3, ¶ 6.  In early April 1988, Moorman communicated a test strip           



                                          20                                          





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next 

Last modified: November 3, 2007