Interference No. 102,622
benefit date of March 4, 1988, to May 13, 1988, Oates' filing
date for her involved application, a period of 71 days. For
reasons which follow, we find Oates has failed to meet her
burden of persuasion.
Oates represents that the following chain of events
constitutes reasonable diligence: on March 2, 1988, Mr. Morris
conducted a computer search for patents relevant to the
subject matter of Oates' MOI (OX-14); Oates sent Morris
additional information in response to a request by him for
more details on the preparation of the allylic carbonate on
March 10, 1988 (OX-5); Mr. Morris' secretary had a note,
handwritten by her on March 25, 1988, indicating that Ms.
Oates phoned with information for Mr. Morris while Mr. Morris
was out of the office (OX-16); Mr. Morris had handwritten
notes of a conversation he had with Oates bearing a date of
April 4, 1988 (OX-15); on April 28, 1988, Morris sent Oates a
first draft of the application for her review (OX-6); on May
4, 1988, Morris sent the final draft to Oates along with a
letter of transmittal (OX-7); Oates signed the
declaration/power of attorney; assignment and duty of
disclosure document sent to her by Morris on May 9, 1988 (OX-
9, OX-10); the duty of disclosure document was received by the
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