Thomas A. Johnson - Page 14

               Akabas testified that she reviewed the scientific literature           
          on various nutritional issues, translated the literature into               
          laypersons' terms, decided how to deliver nutritional information           
          to the consumer, gathered nutritional information on various food           
          products, reviewed several newsletters and journals related to              
          nutrition, used her contacts at large corporations to obtain                
          nutritional information on their products, reviewed computer                
          magazines and manuals, and organized a group of college students            
          to test petitioner's system.  Akabas also attempted to simplify             
          nutritional data contained in a database managed by the U.S.                
          Department of Agriculture.  Petitioner and Akabas attended                  
          conferences related to nutrition or nutritional data banks.                 
          Nothing in the record indicates that Akabas' activities were                
          research in the experimental or laboratory sense or constituted             
          the development of computer software.                                       
               The documents submitted in evidence do not show that                   
          petitioner ever developed any computer software.  Petitioner                
          submitted five letters he received from various grocery                     
          executives relating to the nutritional system.  One letter was              
          written in 1991, and four were written in 1992.  The various                
          executives refer to petitioner's "demonstration notebook",                  
          "proposal", "program", and "writeup".  Petitioner submitted a               
          notebook titled "The Food Comparison Machine", which explains               
          petitioner's system.  We presume the pages in the notebook                  
          illustrate what would appear on a computer screen, but we find              

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