(oo) "on or about" 24 February 1992 - Chern receives letter
from Meza enclosing final draft and declaration and assignment
documents for '339 (Ex. 2001, 1 18; Ex. 2008);
(pp) 24 February 1992 - 26 February 1992 - Chern reviews
final draft (Ex. 2001, 11 19);
(qq) 26 February 1992- Chern executes documents and sends
executed documents to Meza (Ex. 2001, 1 19, Ex. 2009);
(rr) 6 March 1992 Meza files application for '339 (Ex.
2011, 91 29).
C. Decision
Chern has the burden of establishing priority by a
preponderance of the evidence. 37 CFR § 1.657(b).
Priority of invention belongs to the first party to reduce
the invention to practice unless the other party can establish
that it was the first to conceive the invention and that it
exercised reasonable diligence in later reducing the invention to
practice. Eaton v. Evans, 204 F.3d 1094, 1097, 53 USPQ2d 1696,
1698 (Fed. Cir. 2000). Here, Chern does not allege an earlier
actual reduction to practice. Rather, Chern relies on its
6 March 1992 filing date to demonstrate a constructive reduction
to practice. Chern's constructive reduction to practice is after
Yamada's Japanese 9 December 1991 filing date.
follows: "PJM Telephone conference with J. Smith".
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