f. A delay which can be characterized as "mere
delay" is not sufficient to establish suppression or concealment.
Young, 489 F.2d at 1281, 180 USPQ at 391.
g. A delay which can be characterized as an
"unreasonable delay" or "too long a delay" may raise an inference
of an intent to suppress or conceal. Paulik, 760 F.2d at 1275,
226 USPQ at 227; Peeler, 535 F.2d at 653, 190 USPQ at 122.
h. Once a delay is determined to be
"unreasonable" or "too long", the junior party must come forward
with evidence to rebut any inference of intent to suppress or
conceal. Peeler, 535 F.2d at 653, 190 USPQ at 122.
i. A party who delays in filing a patent
application after having actually reduced an invention to
practice does so at the peril of a possible holding of
suppression or concealment. Young, 489 at 1281, 180 USPQ 391.
j. Spurring into filing an application by
knowledge of another's entry into the field, while relevant, is
not essential to finding suppression or concealment. Young, 489
F.2d at 1281, 180 USPQ at 391-92.
k. Against the principles that "mere delay" will
not establish suppression or concealment and that proof of
"spurring" is not essential to finding suppression or
concealment, stands the "linchpin" of the patent system, which is
early public disclosure. Horwath, 564 F.2d at 950, 195 USPQ 703;
Shindelar, 628 F.2d at 1341 n.7, 207 USPQ at 116 n.7.
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