Conception
Conception is the "formation in the mind of the inventor of a definite and
permanent idea of the complete and operative invention." Kridl v. McCormick, 105 F.3d
1446, 1449, 41 USPQ2d 1686, 1689 (Fed. Cir. 1997); Mahurka , 79 F.3d at 1577, 38
USPQ2d at 1290-91 (Fed. Cir. 1996); Hybritech, Inc. v. Monoclonal Antibodies, Inc.,
802 F.2d 1367, 1376, 231 USPQ 81, 87 (Fed. Cir. 1986), cert. denied, 480 U.& 947
(1 987)(quoting 1 Robinson on Patents 532 (1890)). The invention is defined by the
count. The idea must be "so clearly defined in the inventor's mind that only ordinary skill
would be necessary to reduce the invention to practice, without extensive research or
experimentation." Mahurkar, 79 F.3d at 1577, 38 USPQ2d at 1291. Activity alleged to
supply proof of conception of an invention defined in a given count must include all of
the limitations of the count since each express limitation is considered material and
cannot be disregarded. Coleman v. Dines, 754 F.2d 353, 359, 224 USPQ 857, 862
(Fed. Cir. 1985); Davis v. Redd , 620 F.2d 885, 889, 205 USPQ 1065, 1069 (CCPA
1980); Schur v. Mulle , 372 F.2d 546, 551, 152 USPQ 605, 609 (CCPA 1967).
Therefore, in order to prove conception of counts 1 and 2, the junior party must show
that Eckhard Bernardy had a formation in his mind of all of the elements of each count at
the date conception is alleged. To show all the elements of the count 1, the junior party
must show not only the blade recited in the counts, but also the openings that are
radially outward of the juncture. In order to show all the elements of count 2, the junior
party must show all the features of count 1 and a blade that has at least three cutting
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