Interference No. 104,315
Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.
Conception is the complete performance of the mental part of the inventive act, and all
that remains to be accomplished belongs to the department of construction, not invention.
Coleman v. Dines, 754 F.2d 353, 359, 224 USPQ 857, 862 (Fed. Cir. 1985). "It is settled that in
establishing conception a party must show possession of every feature recited in the count, and
that every limitation of the count must have been known to the inventor at the time of the alleged
conception." Id.; see also Sewall v. Walters, 30 USPQ2d 1356, 1358-59 (Fed. Cir. 1994). Even
Sauer recognizes, on page 49 of its brief, that to prove conception, it must show possession of
each and every feature or limitation in the count, citing Cabilly v. Bos , 55 USPQ2d 1238, 1255
(Bd. Pat. App. & Int. 1998).
According to the count, the center section includes a generally L-shaped member having
a first leg and a second leg which are integrally joined at right angles to each other. Further
according to the count, the second leg has (1) a first surface extending at right angles away from
the first surface of the first leg on which is located a mounting surface, and (2) a second surface
opposite the first surface, with another mounting surface on the second surface of the second leg.
Exhibit 2225 is an annotated version of two sheets of figures of Exhibit 2045, and
contains annotations placed there by Sauer to explain how the figures shown satisfy the count in
this interference. Sauer identifies the first leg by the reference numeral 74, the second leg by the
reference numeral 75, the first surface of the first leg by the reference numeral 72; and the second
surface of the second leg by the reference numeral 73. By that scheme, the first surface of the
second leg is hidden from view and located on the bottom of the second leg 75. Clearly, the first
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