Interference No. 102,622
particular aspect of Oates' case (OR p.238, lines 6 through
23). Moreover, Mr. Morris could not identify any of the five
additional applications he testified he filed between December
15, 1987, and May 12, 1988 (OR p. 239-40). Nor could he
recall what ratings the applications were assigned (OR p.
241). Mr. Morris could not remember what action he took
between March 10, 1988, and April 28, 1988, with respect to
the Oates' application (OR p. 244, line 23) and Mr. Morris
admitted that nothing in the exhibits on which Oates relies
describes any specific activity (OR p. 246, lines 13 through
24).
Oates has simply failed to present adequate evidence
on this record on which we could find the exercise of
reasonable diligence by Mr. Morris, her attorney, during the
critical time period. While it is certainly possible that Mr.
Morris and Oates' agents were actively engaged on every day
during the critical period in working towards filing the
Oates' application or working on other cases in his docket, we
simply have not been presented with any evidence establishing
exactly what work was performed by Mr. Morris or when any
specific work was performed by Mr. Morris. Oates has simply
failed to satisfy her burden of persuasion on this issue.
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