Ex Parte POWELL - Page 20




             inadmissible in this proceeding and even if these documents were admissible, they do                                        
             not establish that the junior party had reduced to practice a blade disk that included an                                   
             opening through the disk body that is radially outward of the juncture. Thus, even if the                                   
             exhibits were admissible, they do not show a blade having every element of the count.                                       
                     As count 2 includes all the limitations of count 1, it is our opinion that the junior                               
             party has failed to establish reduction to practice of the invention of count 2 for the same                                
             reasons detailed above in regard to count 1. Moreover, there is no depiction in Exhibits                                    
             2008 and 2056 of a juncture that is inclined from trailing end to leading end radially                                      
             inward because each of these exhibits depicts a saw blade without an opening and                                            
             therefore without an unsevered side of the cutting segment that forms a juncture. In                                        
             addition, even if we considered the juncture made by the riveted cutting segments with                                      
             the blade body, the juncture required by count 2, Exhibits 2008 and 2056, are not clear                                     
             on what angle the juncture is inclined and there is no testimony of record explaining this                                  
             aspect of Exhibits 2008 and 2056.                                                                                           
             E. Conception and diligence by the iunior party in 1994                                                                     
                     In order to establish priority on the basis of conception of the invention in 1994,                                 
             the junior party must establish not only that the invention of the count was conceived in                                   
             1994 but also that the junior party exercised diligence just prior to the filing date of the                                
             '700 patent until Bernardy's reduction to practice. The junior party has not directed our                                   
             attention to any evidence regarding diligence. Therefore, even if the junior party                                          
             establishes that the invention of the count was conceived in 1994, the junior party can                                     
             not prevail on the basis of conception in 1994. In any case, as we discuss below, it is                                     
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