Interference No. 102,622 experiment for "Preparation of Bisallylcarbonate of Bisphenol AP" (OX-1, p.'s 8 and 9). The MOI makes reference to preparation of the compound "4,4'("-methyl benzylidene)bisphenol" which is another name for the compound described in Count 1 as --- 4,4'-(1-phenylethylidene) bis[phenol]bis(allyl carbonate) monomer ---. It is also apparent from the notebook itself and from the MOI that Ms. Oates envisioned a practical utility, optical quality plastic with a high refractive index, for the bisallylcarbonate of bisphenol AP. Thus, Oates has established a conception of the subject matter of Count 1 by not later than December 15, 1987, which has been adequately corroborated by Mr. Stein's acknowledged receipt of the MOI in the patent department at PPG, which date is prior to Rivetti et al.'s March 4, 1988, filing date for their Italian priority application. Accordingly, in order to be declared the first inventor of the subject matter of Count 1, Oates must establish by a preponderance of the evidence that she was "reasonably diligent" from a time just prior to March 4, 1988, up until a reduction to practice by Oates. Thus, Oates had to show that she was reasonably diligent during the time period from March 3, 1988, a date just prior to Rivetti et al.'s 12Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007