ROSENTHAL v. MAGEE - Page 27




              Interference No. 104,403                                                                                     

                         concealment.                                                                                      
                         The true policy and ends of the patent laws is to promote the                                     
                  prompt progress of science and the useful arts.  This is achieved by                                     
                  prompt disclosure of invention.  In fact, early disclosure is the linchpin                               
                  of the patent system.  Horwath v. Lee, 564 F.2d 948, 950, 195 USPQ                                       
                  701, 703-04 (CCPA 1977); Griffin v. Kanamaru, 816 F.2d at 626, 2                                         
                  USPQ2d at 1362 (Fed. Cir. 1987).  The doctrine of suppression and                                        
                  concealment is in the nature of the equity that favors him who gives the                                 
                  public the benefit of the knowledge of his invention, who expends his                                    
                  time, labor, and money in discovering, perfecting, and patenting, in                                     
                  good faith, that which he and all others have been led to believe has                                    
                  never been discovered, by reason of the indifference, supineness, or                                     
                  willful act of one who may, in fact, have discovered it long before.  See                                
                  Woofter v. Carlson, 367 F.2d 436, 446, 151 USPQ 407, 415 (CCPA                                           
                  1967).  A holding that a party suppressed or concealed the invention                                     
                  does not require proof that the inventor was spurred into filling by the                                 
                  actions of another.  However, spurring is an important equitable factor                                  
                  and evidence of spurring is relevant evidence supporting a holding of                                    


                  suppression or concealment.  Accord. Paulik v. Rizkalla, 760 F.2d at                                     
                  1275, 226 USPQ at 227.                                                                                   

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