BRASHEARS V. LINKLETTER et al. - Page 18




          Interference No. 103,322                                                    



          necessity of providing adequate corroboration of that                       
          diligence.  See Gould, 363 F.2d  at 919, 150 USPQ at 643.                   
          Finally, something more than mere conversation or keeping an                
          idea under consideration is required to constitute diligence.               
          Id. at 918 n.9, 150 USPQ at 643 n.9.  The presence or absence               
          of reasonable diligence must necessarily be determined by the               
          evidence adduced in each case.  Id. at 921, 150 USPQ at 645.                
                    Reviewing the senior party’s record, we note that                 
          the senior party has not shown reasonably continuous diligence              
          from just before the junior party’s entry into the field,                   
          i.e., October 3, 1989.  The senior party’s evidence has an                  
          unexcused hiatus or gap from the time Musil recorded his                    
          contributions in his notebook, June 24, 1989, until after the               
          junior party’s entry into the field when Welling prepared some              
          drawings on October 10, 1989.  We also note a relatively long               
          unexcused gap in the evidentiary record of the senior party                 
          from October 10, 1989    to January 30, 1990.  We need not                  
          inquire further into the  senior party record, since we find                
          these two gaps, alone, are                                                  



                                          18                                          





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007