Interference 103,781
December 12, 1986, had been pasted, and again dated each page
December 12, 1986 (MDX 1464). Both of Monsanto Company
laboratory notebook pages No. 3547889 and No. 3547890 are signed
and dated as read and understood by Dannette C. Ward on
December 15, 1986 (MDX 1464). Monsanto Company laboratory
notebook pages No. 3547889 and No. 3547890 are significant
because they present Fischhoff’s written memorandum, the only
documentary evidence submitted by Fischhoff which describes the
invention defined by Count 2, in a form actually signed and
specifically dated by an inventor, and actually signed and
specifically dated as read and understood by another (MDX 1464).
Moreover, the pasting of Fischhoff’s written memorandum into
Fischhoff Monsanto Company laboratory notebook is corroborated by
testimony of at least one noninventor, Dr. Rogers (MR 1038,
Delaware I trial transcript, p. 1042, l. 7-17). Accordingly, we
find that Fischhoff has clearly and convincingly established that
it conceived of the invention of Count 2 of this interference no
later than December 12, 1986.
While Fischhoff argues that the date when the written
memorandum was drafted was October 30, 1986, the evidence does
not clearly and convincingly support that date. Aside from the
testimonial evidence of others which does not identify the exact
date the written memorandum was drafted no earlier than the fall
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