Interference No. 103,891
conception of the subject matter of the count on November 11,
1988.12
From November 9, 1988, work began on reducing the strep
strip pack invention to practice. FX-17 is Ms. Watts’ notebook
of the work she performed in reducing the invention to practice.
In Ms. Watts’ declaration from FR15-18, Ms. Watts describes her
activities and experiments by date. In our view, this amounts
to reasonably continuous activity.
On December 22, 1988, Ms. Watts performed experiments
with a test strip according to the count of the interference.
11(...continued)
It is too well settled in patent law to require
extended discussion or citation of authority in support
thereof that one may prove his priority of invention by
oral testimony alone. It is true the courts scrutinize
such testimony with care because of the possibility of
fraud, mistake or bad memory bringing about improper
results, but no court, to our knowledge, has ever held
that one cannot establish priority by oral proof, and
it very often occurs that priority is established in a
most convincing way by oral proof, particularly where
there is lack of inconsistency in the testimony of the
witnesses and where there are related facts shown in
the record, as are shown in the instant one, corrobo-
rating such testimony. Moreover, Legat's instant
record contains considerable documentary evidence which
supports and strengthens and gives convincing character
to the testimony of Legat and his witnesses.
Accord Sands v. Bonazoli, 223 USPQ 450, 451 (Bd. Pat. Int.
1983).
12 Party Flanders is restricted by its preliminary statement
to a conception date no earlier than November 11, 1988.
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