Ex Parte CHANG - Page 5




                        8.    Drawings for the patent application, said to have                        
            been prepared by Robert Romero, were received by Newhouse on                               
            24 December 1996 (Affidavit, ¶ 23).                                                        
                        9.    On 31 December 1996 (Ex 2034, page 4) or 2 January                       
            1997 (Affidavit, ¶ 24), a warmed forced air embodiment was added                           
            to the draft patent application.  The embodiment appears as                                
            Figure 9 and is described at column 3, line 61 through column 4,                           
            line 13 of Chang's involved patent.                                                        
                        10. On 2 January 1997, Newhouse had completed                                  
            modifications to the draft patent application and on that day                              
            called Chang to come to his office to sign the patent application                          
            (Affidavit, ¶ 24).                                                                         
                        11. Chang signed the patent application on 3 January                           
            1997 (Affidavit, ¶ 24; see also the declaration filed with the                             
            patent application).                                                                       
                        12. Chang's application 08/779,000 was filed with the                          
            Patent and Trademark Office via Express Mail 3 January 1997.                               

                  C.    Discussion                                                                     
                  To prevail on priority under the facts of this case, Chang                           
            must establish by a preponderance of the evidence (1) conception                           
            prior to 20 December 1996, coupled with reasonable diligence from                          
            a time prior to 20 December 1996 until Chang's constructive                                
            reduction to practice on 3 January 1997.  35 U.S.C. § 102(g).                              
            Chang's case for priority must be adequately corroborated.  Singh                          
            v. Brake, 222 F.3d 1362, 1367, 55 USPQ2d 1673, 1676 (Fed. Cir.                             
            2000); Kridl v. McCormick, 105 F.3d 1446, 1449, 41 USPQ2d 1686,                            
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