Interference No. 103,435
Davenport, 90 F.2d 103, 105, 33 USPQ 506, 508 (CCPA 1937).
The Junior party has not addressed this issue in its main
or reply brief. However, the evidence shows that between
October 9, 1986 and February 2, 1987, Fencil performed a
series of experiments on the invention (Christ Exhibit 4).
The evidence also indicates that on June 22, 1988, Richard
Christ sent a memo to various people in R&D at Allergan
informing them of the status of the loop bonding project
(Christ Exhibit 14). The memo does not discuss the critical
period form just before August 1987 until December 31, 1987.
The Junior party has also filed an interoffice memo dated
December 5, 1988. However, this memo also fails to mention
the critical period between just prior to August 1987 and
December 31, 1987. The Junior party has not directed our
attention to any evidence that shows diligence from just prior
to August 1987 to December 31, 1987.
Therefore, it is our conclusion that the Junior party has
not established diligence during the critical period.
As we have determined that the Junior party has failed to
establish diligence during the critical period the issue
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