QADRI et al. v. BEYERS et al. v. BATLOGG et al. - Page 39




          Interference No. 101,981                                                   





          Based on these alleged dates, we construct the following timeline:         
          Batlogg        Batlogg                                                     
          conception/     filing                                                     
          reduction      date                                                        
          to practice                                                                
               Qadri                                 Qadri     Qadri                 
          conception                                reduction     filing             
                                                  to practice       date             
                         Beyers      Beyers        Beyers                            
                        conception      reduction       filing                      
                              to practice    date                                    

          1987                                                    1 9 8 8            
          March 1   March 2March 3 …    March 6 …     March 11 …  April 6-10 …     Feb 2

          Qadri's Case For Priority                                                  
               We have reviewed the parties’ issues regarding Qadri’s                
          conception and diligence in reducing the invention to practice             
          (BaI4; QI2; QI3) and conclude that Qadri has not established               
          conception as of March 2, 1987.                                            
               Qadri, as a junior party to this interference, has the                
          burden of proving prior invention by a preponderance of the                
          evidence. 37 C.F.R. § 1.657(b).  In an effort to sustain their             
          burden, Qadri relies on an extensive evidentiary record.  Qadri            
          argues that they conceived of the invention on March 2, 1987 (QB           
          40-55), reduced the invention to practice during the period of             
          April 6, 1987 to April 10, 1987 (QB 55-57), and was reasonably             
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