Interference 103,781 every limitation of that claim. Coleman v. Dines, 754 F.2d 353, 359, 224 USPQ 857, 862 (Fed. Cir. 1985). Moreover, “[c]onception must be proved by corroborating evidence which shows that the inventor disclosed to others his ‘complete thought expressed in such clear terms as to enable those skilled in the art’ to make the invention.” Id. at 359, 224 USPQ at 862 (quoting Field v. Knowles, 183 F.2d 593, 601, 86 USPQ 373, 379 (CCPA 1950)). Price v. Symsek, 988 F.2d 1187, 26 USPQ2d 1031 (Fed. Cir. 1993), explained the requirement at 1194, 26 USPQ2d at 1036-37 (quoting Mergenthaler v. Scudder, 11 App. D.C. 264, 278-79 (D.C. Cir. 1897)): [C]onception by an inventor, for the purpose of establishing priority, can not be proved by his mere allegation nor by his unsupported testimony where there has been no disclosure to others or embodiment of the invention in some clearly perceptible form, such as drawings or model, with sufficient proof of identity in point of time. For otherwise[,] such facile means of establishing priority of invention would, in many cases, offer great temptation to perjury, and would have the effect of virtually precluding the adverse party from the possibility of rebutting such evidence. However, the “rule of reason” applies. Price v. Symsek, 988 F.2d at 1195, 26 USPQ2d at 1037. Price v. Symsek, 988 F.2d at 1196, 26 USPQ2d at 1038, instructs: [A]ll of the evidence put forth . . . must be considered as a whole, not individually, in determining . . . [conception]. In other words, an inventor can conceivably prove prior conception by clear and convincing evidence although no one piece of evidence in and of itself establishes prior conception. It is sufficient if the -87-Page: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 NextLast modified: November 3, 2007