Interference No. 103,146
purpose, it is immaterial that the article was difficult to
manufacture or that in the manufacture of the article
difficulties were encountered.
Priority
We have credited the junior party with a
constructive reduction to practice as of his filing date of
August 16, 1982. We have credited the senior party with an
actual reduction to practice of September 25, 1981. The
junior party has not overcome the senior party’s date of
invention. Accordingly judgment will be entered against the
junior party and in favor of the senior party, hereinbelow.
Inequitable Conduct
Barker alleges that Elson’s claims designated as
corresponding to the count should be held to be unpatentable
in
that one embodiment of the closed loop injectate device was on
sale more than a year before the filing date of the Elson
benefit application. Although this embodiment was held to be
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