Interference 103,781
actual reduction to practice of the invention defined by Count 2
was not prior to the filing date of the earliest application
upon which Adang is entitled to rely for benefit (i.e., USSN
07/242,482, filed September 9, 1988)” (Paper No. 223, p. 43).
However, Adang maintains that it first conceived of the invention
of Count 2 on November 6, 1985, and exercised reasonable
diligence during the period beginning prior to November 6, 1985,
until constructive reduction to practice of the invention of
Count 2 on September 9, 1988 (Paper No. 223, p. 43).
According to Senior Party Adang’s Brief At Final Hearing,
Fischhoff’s Supplemental Preliminary Statement indicates that
Fischhoff first conceived of the invention of Count 2 on
October 30, 1986 (Paper No. 223, p. 43). However, “Fischhoff’s
first actual reduction to practice of the invention defined by
Count 2 was on December 29, 1987" (Paper No. 223, p. 43).
Having considered all the evidence of record, the evidence
clearly and convincingly shows that Fischhoff actually reduced
the invention of Count 2 to practice no later than August 10,
1988, and that Fischhoff conceived of the invention of Count 2
no later than December 12, 1986. On the other hand, the
preponderance of the evidence of record indicates that Adang not
only did not exercise reasonable diligence during the critical
period just prior to Fischhoff’s latest date of conception of the
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