Interference No. 103,322
fatal to the senior party’s case for diligence. See Reiser v.
Williams, 255 F.2d 419, 118 USPQ 96 (CCPA 1958)(party held not
diligent for failing to show activity during first 13 days of
critical period) or Morway v. Bondi, 203 F.2d 742, 97 USPQ 318
(CCPA 1953)(party held not diligent where, following June 7
activity which was just prior to opponent’s June 14 entry into
field, party did not perform other acts until August 1; not
diligent where there were two hiatuses of one and a one-half
months each during critical period, one of which was at the
outset of critical period).
In summary, we note that the junior party has
overcome the senior party’s filing date with an earlier
reduction to practice, and the senior party was unable to show
diligence from
just prior to the junior party's conception to its
constructive reduction to practice. We will issue judgment in
favor of the junior party, hereinbelow.
Judgment
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