OATES V. RIVETTI et al. - Page 12




          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                   
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