KALFAS et al. V. WEAVER et al. V. WEAVER et al. V. ROWLAND et al. - Page 16





        party suppressed or concealed the invention. Id. 628 F.2d at                
        1342-3, 207 USPQ at 116-7.                                                  
             In its principal brief, Weaver argues that Rowland                     
        abandoned, suppressed or concealed its invention. Specifically,             
        Weaver argues that if Rowland's activities in October 1991                  
        amounted to a reduction to practice of the invention of the                 
        count, then Rowland's delay until May 1994, to file an                      
        application created an inference that Rowland suppressed the                
        invention, thus requiring Rowland to demonstrate otherwise (Paper           
        101 at 7). Weaver recognizes that Rowland submitted, in                     
        connection with its priority case, evidence showing activities              
        that occurred after Rowland's October 1991 reduction to practice.           
        However, Weaver argues that the activities were towards improving           
        the product, in which event the improvements were not                       
        demonstrated to be part of Rowland's May 1994 application. Then             
        by law, Weaver argues, Rowland's acts of improvement cannot                 
        justify the delay towards filing Rowland's application (Paper 101           
        at 9).                                                                      
             Rowland argues that Weaver has not demonstrated that Rowland           
        suppressed or concealed the invention, since Weaver ignored                 
        Rowland's evidence. We disagree. There is an inference of                   
        suppression or concealment when there is an unreasonably long               
        lapse of time between the actual reduction to practice and the              
        filing of the application. Here, the 31 months between the 11               


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