CHEN et al. v BOUCHARD et al. - Page 97



          Interference No. 103,675                                                      

    any of the counts. For all the above noted reasons, we conclude that                

    Chen et al. have failed to prove an actual reduction to practice of                 

    any compound within any of the counts in this interference.                         

                 CHEN ET AL.'S CONCEPTION PLUS DILIGENCE THEORY                         
              In their brief, from pages 173 through 177, Chen et al. urge              
    that even though they have proven an actual reduction to practice of                
    the subject matter of the counts prior to December 9, 1992, Chen et                 
    al. should also be declared the first inventor of the subject matter                
    of the counts because they conceived of the invention of the counts                 
    before Bouchard et al.'s effective filing date and were reasonably                  
    diligent in reducing to practice the subject matter of the counts from              
    just prior to Bouchard et al.'s effective filing date up to the filing              
    on March 11, 1993, of the application which matured into their                      
    involved patent in this proceeding.                                                 
              There is an even greater paucity of detail with respect to                
    the underlying facts which allegedly support Chen et al.'s theory                   
    advanced in their brief on this issue than the section of their brief               
    setting forth the grounds for an alleged actual reduction to practice.              
    The evidence of conception to which we are directed in the brief is                 
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