Ex Parte JOHNSON - Page 6




             Interference No. 104,313                                                                                           
             Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.                                                                     

                    18. According to Sauer, from November 26, 1987, to February 28, 1988, it worked on                          
             two of the four concepts marked for further study at the November 1987 meeting. Sauer admits                       
             that neither one of these concepts which it had worked on during that three month time period is                   
             within the scope of the count in this interference. (Br. at 25.)                                                   
                                                         Discussion                                                             
             A. Alleized Diligence of Sauer in Reducing the Invention to Practice                                               
                    Junior party Sauer does not allege that it reduced the invention of the count to practice                   
             prior to Kanzaki's accorded benefit date of February 3, 1988. Rather, it seeks to prevail on the                   
             issue of priority by asserting that it had a prior conception which is coupled with reasonable                     
             dili gence from a time prior to conception of the invention by Kanzaki's inventor to Sauer's own                   
             reduction to practice. See 35 U.S.C. § 102(g).                                                                     
                    "The reasonable diligence standard balances the interest in rewarding and encouraging                       
             invention with the public's interest in the earliest possible disclosure of innovation." Griffith v.               
             Kanamarul 816 F.2d 624, 626, 2 USPQ2d 1361, 1362 (Fed. Cir. 1987). General allegations are                         
             insufficient to demonstrate reasonable diligence. Wiesner v. Weigert, 666 F.2d 582, 588-89, 212                    
             USPQ 721, 727 (CCPA 198 1). Evidence of diligence must be specific as to dates and facts.                          
             Kendall v. Searles, 173 F.2d 986, 993, 81 USPQ 363, 369 (CCPA 1949).                                               
                    The diligence at issue is that for reducing the invention of the count to practice, not that                
             in connection with unrelated activities or inventions, although sufficiently related activities may                
             sometimes qualify as being directed to reducing the invention of the count to practice. Naber v.                   

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