earlier, Lakes has been accorded benefit for the purpose of priority of its initial application. 19. A summary of events in chronological date order relevant to the issue before us is as follows: a. 17 September 1991--Morrison's alleged actual reduction to practice. b. 28 August 1992--Lakes files application. c. 28 June 1993--Morrison files application. 20. Lakes maintains that "[e]ven if Morrison can establish *** [an] actual reduction to practice, Morrison *** suppressed or concealed the invention by the unreasonable delay between the alleged [actual] reduction to practice [on 17 September 1991] and the time Morrison filed the patent application [on 28 June 1993]" (Paper 49, page 16). 21. There is little, if any, evidence in the record as to when specific events, if any, occurred during the 21-month, 11-day period between Morrison's alleged actual reduction to practice and the filing of the Morrison application. 22. Additional facts, as needed, are set out in the "Discussion" portion of this opinion. B. The issue Assuming arguendo that Morrison has established by a preponderance of the evidence that it actually reduced to practice on 17 September 1991, the issue becomes whether Lakes has established by a preponderance of the evidence that Morrison - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007