Patent Interference No. 103,548
1990), or that it first conceived the inventions prior to that date and, from a time prior to
the time the senior party entered the field, proceeded with reasonable diligence toward
a reduction to practice, either actual or constructive. Haskell v. Colebourne, 671 F.2d
1362, 1365-366, 213 USPQ 192, 194 (CCPA 1982).
Lagrange relies only on the May 31, 1990 filing date of its prior French
application 90/06,803 as proof of a constructive reduction to practice.
Lagrange does not intend to present evidence to prove conception or an actual
reduction to practice and intends to rely solely on the filing date of application
90/06,803, filed May 31, 1990 in France to prove constructive reduction to practice
[with respect to Counts 1 and 2 (see preliminary statement, paper no. 23, attached
to paper no. 51) as well as Count 3 (see preliminary statement, paper no. 57), 37
CFR § 1.626].
Consequently, since earliest date that Lagrange states it is relying upon (i.e., May 31,
199019) is later in time than the earliest date upon which Konrad relies (May 19, 1990),
Lagrange cannot establish priority based on its proof of a constructive reduction to
practice as long as Konrad is properly accorded the benefit of the May 19, 1990 filing
date of German application P 40 16 177.3.
Lagrange has not moved to attack the benefit accorded Konrad's interfering '851
application of the May 19, 1990 filing date of German application P 40 16 177.3. In fact,
Lagrange is prepared to concede priority as to the subject matter of Counts 1-3.
Lagrange intends to file a concession of priority with respect to the subject matter
[of] Counts 1 and 2 subject to the granting of Party Lagrange et al’s Preliminary
Motion 2. In the event that new Count 3 is added to this interference, Lagrange
intends to file a concession of priority as to the subject matter of Count 3.
19 With respect to the Lagrange patent, this benefit date applies to the subject matter of Counts 1 and 2
only; the earliest date Lagrange can rely upon with respect to its patent as to Count 3 is May 31, 1991.
See supra.
10
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