Interference 103,685
formed from fibers of an aromatic polyamide fiber, with a dyebath
comprising a mixture of N,N-diethyl benzamide (4 gms) and Acid
Blue #62 (2%owf) for 11/2 hrs at 265O F., cooled and dropped the
dyebath from the fabric, and washed and dried Nomex fabric
colored “80% full (not as deep as dibutyl formamide)” (RX 22,
p. 29) no later than February 26, 1990, most certainly no later
than March 22, 1990, and (2) contemporaneously appreciated that
the process he recorded on page 29 of Notebook 1664 effectively
dyed Nomex fabric.
Having reviewed all the evidence of record, we conclude that
Riggins has established by a preponderance of the evidence of
record that it actually reduced to practice an embodiment of
Count 2, particularly an embodiment defined by Claim 1 or
Claim 43 of Holsten’s involved application, before the earliest
date Holsten has shown that it reduced to practice and/or
conceived of the same invention. We determined above that
Holsten’s evidence can establish conception of the invention of
Count 2 no earlier than March 26, 1990, and reduction of an
embodiment of Count 2 to practice no later than April 10, 1990.
Riggins’ evidence, even when considered in a light most favorable
to Holsten, establishes that Riggins reduced an embodiment of
Count 2 to practice no later than March 22, 1990.
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