Interference No. 104,403
communicate a conception to Conley, there is insufficient evidence that
Conley communicated that conception to the senior party.
Rosenthal testifies that, during a telephone conversation prior to
October 31, 1993, Conley acknowledged transmitting the concepts of
the invention drawing and description to the senior party (Rosenthal
Record page 150). However, Conley testifies that he has never
communicated any information received from either one of the junior
party or the senior party to the other (Rosenthal Record page 79).
Specifically, Conley testifies that he is particularly sure he did not
communicate any ideas or inventions received from the junior party to
any other person, and particularly not to the senior party (Rosenthal
Record page 82).
In addition, even if the junior party is correct that Conley
acknowledged transmitting the concepts of the invention drawing and
description to the senior party, such would not be enough to establish
communication to the senior party required to prove derivation. As we
discussed above, derivation requires that the communication be
sufficient to enable the senior party to make and use the invention.
There is no evidence, even if we believe the testimony of the junior
party, concerning what Conley communicated to the junior party.
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