Interference 103,781
ingestion by Manduca sexta, the protein coding sequence of
the gene including a 5' region of at least 150 nucleotides
in length constructed from nucleotide codons selected from
those codons determined from Figure 1 to be efficiently
expressed in the cells of plants, the sequence of codons
being different from those in the protein coding sequence
of the gene in Bacillus thuringiensis.
Adang and Fischhoff point to generic teachings at least as broad
in scope as their broadest claims designated as corresponding to
Count 2 and the same Shaw and Wickens publications in support of
the respective dates each allegedly conceived of the invention of
Count 2. Conception is “a specific, settled idea, a particular
solution to the problem at hand, not just a general goal or
research plan he hopes to pursue.” Burroughs Wellcome Co. v.
Barr Labs., Inc., 40 F.3d 1223, 1228, 32 USPQ2d 1915, 1919 (Fed.
Cir. 1994). However, “one need not necessarily meet the
enablement standard of 35 U.S.C. § 112 to prove conception.”
Burroughs Wellcome Co. v. Barr Labs., Inc., 40 F.3d at 1231,
32 USPQ2d at 1922. For conception, “[t]he question is not
whether Burroughs Wellcome reasonably believed that the
inventions would work for their intended purpose . . . but
whether the inventors had formed the idea of their use for that
purpose in sufficiently final form that only the exercise of
ordinary skill remained to reduce it to practice.” Id. The
inventor need not know that the invention will work for
conception to be complete. Id. at 1228-29, 32 USPQ2d at 1919-20.
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