Barton et al or Fischhoff et al v. Adang et al. - Page 87




          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                 
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