Interference 103,685
The record clearly establishes that Dr. Riggins
successfully dyed Nomex® fabric with N,N-diethylbenzamide
(an aromatic amide containing between 7 and 14 carbon
atoms and having a swelling value of at least 1.5%) no
later than February 26, 1990, more than one month prior
to Holsten et al.’s alleged reduction to practice.
Because Dr. Riggins experimentation with N,N-diethyl
benzamide satisfied every limitation of Count 2 and
revealed that N,N-diethylbenzamide worked for its
intended purpose, Dr. Riggins was first to invent
the N,N-diethylbenzamide species of the invention
of the Count. In that the reduction to practice
of a single species of a claimed genus establishes
priority to the entire genus, Dr. Riggins was first
to invent the invention of the Count.
Accordingly, we look to Holsten’s Opening Brief for the
precise dates Holsten alleges either to have (1) first actually
reduced to practice an embodiment of Count 2 of this interference
to practice, or (2) first conceived of the invention of Count 2
coupled with reasonable diligence toward constructive reduction
to practice of the invention defined by Count 2. Holsten
concludes (HB, p. 17):
[T]he documentary evidence well corroborates the
testimony of Dr. Holsten and Mr. Neely that the
invention of the Count, as defined in the claims
of the Holsten et al. application in interference,
was fully conceived by the inventors and reduced
to practice by no later than April 10, 1990.
The conclusions in Holsten’s Opening Brief are based on the
following undisputed facts (HB, pp. 7-11):
12. In early 1990, Holsten was assigned a
project to develop alternative carrier systems
for use commercially . . . in the dyeing of aramid
fabrics . . . .
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