Interference 103,781
C. Junior Party Fischhoff conceived of an invention of
amended Count 2 of this interference no later than December 12,
1986, the date the evidence shows that David Fischhoff signed
and dated Monsanto Company laboratory notebook page No. 3547889,
entitled “Expansion of A+T rich Genes in Plants,” and page
No. 3547890, entitled “A+T rich (p.2),” each page signed
December 15, 1986, as read and understood by Dannette C. Ward,
with page No. 3547889 and page No. 3547890 respectively having
attached thereto pages one and two of a two-page printed
statement of the invention of amended Count 2 signed by David
Fischhoff and dated 12/12/86;
D. Senior Party Adang has not established that it
diligently endeavored to reduce the invention of amended Count 2
to practice from a time just prior to December 12, 1986, until
September 9, 1988, the filing date of Adang’s U.S. Application
07/242,482, now abandoned; and
E. Senior Party Adang has not established that it conceived
of the invention of amended Count 2 of this interference before
December 12, 1986.
Based on the above, we conclude that (1) Junior Party
Fischhoff is entitled to priority of invention for amended
Count 2 with respect to Senior Party Adang and Junior Party
Barton; (2) Senior Party Adang is not entitled to a patent for
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