Interference No. 103,345
practice, citing Paulik v. Rizkalla, 760 F.2d 1270, 1272-75,
226 USPQ 224, 225-28 (Fed. Cir. 1985), and Lutzker v. Plet,
843 F.2d 1364, 6 USPQ2d 1370 (Fed. Cir. 1988). Staples denies
that an actual reduction to practice occurred.
The evidence of junior party Roberge will be
addressed first. As will appear, Roberge has established an
introduction of a conception in this country no later than
June 9, 1992, but not diligence in this country during the
critical period running from just prior to Staples's November
12, 1992, filing date up to Roberge's December 21, 1992,
filing date. Nicolas Pellemans testified that on May 26,13
1992, he mailed the patentability search request identified as
Exhibit A to his affidavit (now Roberge Ex. 1) to Sanjiv
Sharma in Burke, Virginia. This request, which indicates it
relates to a "MECHANISM FOR ADJUSTING PALATAL EXPANDER" and
bears reference number "29275-1 (Roberge)," includes a Figure
1 depicting a prior art jack screw mechanism for use in a
palatal expander, Figures 2-4 depicting a first embodiment of
a jack screw mechanism in accordance with the invention, a
Figure 5 depicting a second embodiment, and a brief
Pellemans Aff., Roberge Record (RR) 7, para. 4.13
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