Interference No. 104,403
Assuming without holding that the activity which took place on
April 11, 1994 is indicative of resumption of activity on the perfection of
the invention or preparation of the patent application, the
junior party must also prove that he proceeded diligently from the April
11, 1994 to file the patent application.
The junior party filed the patent application on January 18,
1995, over nine months after April 11, 1994, even though, according to
the junior party, the preparation of the patent application began in
November 1993.
The junior party has not submitted evidence to show activity
from April 11, 1994 to the filing date of January 18, 1995, except for
the general statement:
. . . I continuously conceived of and experimented on
additional embodiments and processes. I was continually
diligent, devising novel concepts, seeking to perfect my
invention. I also incorporated my embodiments and
processes into my patent application. [Rosenthal Record
page 39].
General allegations are insufficient to demonstrate reasonable
diligence. Wiesner v. Weigert, 666 F.2d 582, 588-89, 212 USPQ 721,
727 (CCPA 1981). A party seeking to show diligence must submit
evidence that is specific as to dates and facts. Kendall v. Searles, 173
F.2d 986, 993, 81 USPQ 363, 369 (CCPA 1949).
Although the Rosenthal affidavit describes the building of
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