¶ 7.61 — Affidavit or Declaration Under 37 CFR 1.131(a): Ineffective, Insufficient Evidence of Conception

The evidence submitted is insufficient to establish a conception of the invention prior to the effective date of the [1] reference. While conception is the mental part of the inventive act, it must be capable of proof, such as by demonstrative evidence or by a complete disclosure to another. Conception is more than a vague idea of how to solve a problem. The requisite means themselves and their interaction must also be comprehended. See Mergenthaler v. Scudder , 1897 C.D. 724, 81 OG 1417 (D.C. Cir. 1897). [2]