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
12
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