Interference No. 103,379
Decision on Reconsideration
Dance has requested reconsideration and modification
of various aspects of our FINAL DECISION AND JUDGMENT UNDER 37
CFR § 1.658(a), mailed June 20, 2000 (hereinafter, Decision).
Seifert opposes the request in all respects. For the
following reasons, Dance's request for modification of the
Decision is denied in all respects.
A. Dance's alleged diligence and actual reduction to practice
In the Decision at 11-15, we held that Dance's and
Dennis' declarations and exhibits establish conception of the
subject matter of the count as of October 9, 1989, prior to
Seifert's February 2, 1990, filing date, but fail to prove
diligence during the critical period running from just before
Seifert's filing date (considered to be the date of Seifert's
entry in the field for the purpose of evaluating Dance's
priority case) up to Dance's September 18, 1990, filing date
(Decision at 15-16). As evidence of diligence, Dance relied
on the description in Dance's declaration of the preparation
of a number of documents prepared during the critical period
(Dance Decl. at JR 17-18, ¶ 10). We held this testimony3
Junior party Dance's record.3
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