Interference No. 103,270
With regard to these events, items (1) to (3)
clearly are not activities which were "just prior" to December
2, 1988, since they all occurred on or before October 20,
1988, some six weeks beforehand. See, e.g., Scharmann, 179
F.2d at 996, 84 USPQ at 477, where activity approximately a
month prior to the date the opponent entered the field was
held not to be "immediately prior to" that date and hence "not
relevant on the question of appellant's diligence."
As for the discussion listed as item (4), the record
does not establish that it specifically took place "just
prior" to December 2, but only that it occurred "[o]n or
before December 1, 1988" (KR-47). This broad statement
would be inclusive of any date from December 1 back to October
20, or even earlier.
Accordingly, whether Keith et al. were diligent from
"just prior" to December 2 depends upon whether they have
shown by corroborated evidence that the drawing (JPX-7) and
description
(JPX-8) were being prepared or completed on December 1, 1988.
We do not consider that they have. Although both documents
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