Interference 103,685
dyebath comprising a functional amount of at least one dye and a
dye diffusion promoting agent comprising an aromatic amide having
7 to 14 carbon atoms capable of increasing the swelling value at
least 1.5%, and heating the fibers while in contact with the
dyebath” (Riggins’ involved application, Claim 78 designated as
corresponding to Count 2) prior to the date Holsten first
conceived and reduced its invention to practice. In particular,
Holsten argues that Riggins could not have conceived and actually
reduced to practice the invention it claims before Holsten
conceived and actually reduced to practice the invention it
claims no later than April 10, 1990.
Holsten does not deny that Riggins tested various
N,N-disubstituted aromatic carbonamides for utility as dyeing
assistants in conventional methods for dyeing aramid fiber,
e.g., Nomex fabric. Riggins’ test method comprised the step of
contacting Nomex fabric with a dyebath comprising Acid blue #62
and each proposed dyeing assistant for one and one-half hours
at 265OF. The evidence prima facie shows that no earlier
than February 16, 1990, and no later than February 22, 1990,
Riggins tried to dye Nomex fabric (12.21 grams) with a dyebath
comprising Acid blue #62 (2% of the weight of the fabric) and
N,N-dibutylbenzamide (4 grams) for one and one-half hours at
265OF. (RX 22, p. 28). The evidence prima facie shows that no
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