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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