MORRISON v. LAKES et al - Page 5




          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            


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