Ex Parte JOHNSON - Page 7




                Interference No. 104,315                                                                                                              
                Sauer Inc. v. Kanzaki Kokyukoki Mfg. Co., Ltd.                                                                                        

                Kanamaru, 816 F.2d 624, 626, 2 USPQ2d 1361, 1362 (Fed. Cit. 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.                                      
                Cricchil 567 F.2d 382, 385, 196 USPQ 294, 296 (CCPA 1977)("It is doubtless true that work                                             
                quite unconnected with the reduction to practice cannot be considered. But whether particular                                         
                work is sufficiently connected with the invention to be considered to be in the area of reducing it                                   
                to practice must be determined in the light of the particular circumstances of the case which may                                     
                be as varied as the mind of man can conceive."); see also Bey v. Kollonitsch, 806 F.2d 1024, 231                                      
                USPQ 967 (Fed. Cir. 1986).                                                                                                            
                         Because Sauer's involved patent was at one time co-pending with Kanzaki's involved                                           
                application, Sauer's burden of proof with regard to demonstrating priority is by a preponderance                                      

                of the evidence. See e.g., Bruning v. Hirose, 161 F.3d 681, 684, 48 USPQ2d 1934, 1938 (Fed.                                           
                Cir. 1998); Bosies v. Benedict, 27 F.3d 539, 541-42, 30 USPQ2d 1862, 1864 (Fed. Cit. 1994).                                           
                         Sauer asserts that Mr. Alan W. Johnson conceived of the invention of the count on                                            
                September 8, 1987, and actually reduced it to practice by August 17, 1988. However, from                                              
                Sauer's alleged Facts 86-101 it is apparent that testing on the prototype apparatus assembled on                                      

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