35. On June 27, 1997, Robert Powell filed a patent application for the blade of the
'700 patent in Canada (Powell Record pages 247 to 256).
36. On November 11, 1997, Robert Powell filed a patent application Serial No.
08/971,454 for the improved blade in the United States.
37. On March 2, 1998, Eckhard Bernardy filed a patent application Serial No.
09/035,936 for the improved blade in the United States.
38. On March 2, 1999, U.S. Serial No. 08/971,454 matured into U.S. Patent No.
5,875,700.
OPINION
Powell was accorded senior party status based on the first filing of the'700 patent
aPplication. In order to be awarded priority in this interference, Bernardy must either
prove an actual reduction to practice prior to the '700 patent's filing date, or prove a
conception of the subject matter of the counts before the '700 patent's filing date,
coupled with reasonable diligence from a time just prior to Powell's filing date up to a
reduction to practice (constructive or actual ) by Bernardy. 35 U.S.C. 102(g)(2000);
Singh v. Brake, 317 F.3d 1334,1340, 65 USPQ2d 1641, 1645 (Fed. Cir. 2003); Griffin v.
Bertina, 285 F.3d 1029, 1032, 62 USPQ2d 1431, 1433 (Fed. Cir. 2002); Mahurkar v.
C.R. Bard, Inc., 79 F.3d 1572, 1577, 38 USPQ2d 1288, 1290 (Fed. Cir. 1996).
In his preliminary statement, Bernardy alleges that he conceived the subject
matter of the counts in early July 1994 and first actually reduced the invention to practice
prior to July 12, 1994. However, Bernardy has also submitted documents relevant to
reduction to practice in 1996 and in 1997. In his brief, the junior party has not clearly
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