Interference No. 103,146
difficult to establish "subjective good
faith"
sufficient to prevent the drawing of an
inference of intent to mislead. A mere
denial of intent to mislead (which would
defeat every effort to establish
inequitable conduct) will not suffice in
such circum- stances. LaBounty Mfg. Inc.
v. U.S. Int'l Trade Comm'n, 958 F.2d 1066,
1076, 22 USPQ2d 1025, 1033 (Fed. Cir.
1992), quoting FMC Corp., 835 F.2d at 1416,
5 USPQ2d at 1116.
Public Use
Barker has included arguments in his brief
respecting public use of the invention during the Shore field
visits. Barker Brief at 66-67. However, the junior party can
point to
no specific evidence that the device was used during the field
visits. Shore’s memo does not state that the device was used,
and Shore’s testimony is that it was not used. ER10, ¶9. We
categorically reject Barker’s argument that a public use
occurred and that an inequitable conduct holding could be
based properly thereon.
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