to practice on, 3 January 1997. The draft patent application was
discussed in a telephone call between Chang and Newhouse on 18
December 1996--which is a date prior to 20 December 1996. Patent
application drawings were received by Newhouse on 24 December
1996. Following some revisions to the draft patent application,
Newhouse called Chang on 2 January 1997 to come to his office to
sign the application. The application was filed on 3 January
1997. The facts establish reasonable diligence, particularly
given that the events took place around and during the Christmas
to New Year's Day time frame. Under the facts of this case, as a
matter of law, Chang has established reasonable diligence.
D. Conclusions of law
1. Chang conceived the invention of the count within
the meaning of 35 U.S.C. § 102(g) no later than 18 December 1996.
2. Chang constructively reduced the invention of the
count to practice by filing a patent application on 3 January
1997. Automatic Weighing Machine Co. v. Pneumatic Scale Corp.,
166 F. 288, 296-97, 1909 Dec. Comm'r Pat. 498, 506-7 (1st Cir.
1909) (definition of constructive reduction to practice through
filing patent application).
3. Chang exercised reasonable diligence from no later
than 18 December 1996 through 3 January 1997.
4. Chang has established that he made his invention
prior to Winer within the meaning of 35 U.S.C. § 102(g).
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