Interference No. 103,270
In order to prevail, Keith et al., the prior
conceiver, must also prove reasonable diligence during the
critical period, which extends from just prior to Coelho's
conception date of December 2, 1988, to the effective filing
date of Keith et al. on August 25, 1989. The testimony
corroborating diligence must be
specific as to dates and facts. Kendall v. Searles, 173 F.2d
986, 993, 81 USPQ 363, 369 (CCPA 1949).
We must first determine whether Keith et al. were
diligent from a time "just prior," "immediately prior" or
"just
before" December 2, 1988. Gould v. Schwalow, 363 F.2d 908,
911, 150 USPQ 634, 637 (CCPA 1966); Scharmann v. Kassel, 179
F.2d 991, 996, 84 USPQ 472, 476 (CCPA 1950).
Euteneuer testified that, following the9
brainstorming session on October 3, 1988:
9We refer to the testimony of Euteneuer because, except
for item (3), he is the only non-inventor (i.e.,
corroborating) witness to testify as to these events.
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