Interference 103,781
comprehensive records . . . of what you do on a day-in/day-out
basis” (MR 0466, Delaware I trial transcript, p. 1089, l. 9-10),
Fischhoff answered (emphasis added):
A. Yes. Certainly for our laboratory work we do.
Q. Why do you do that?
A. Well, it’s important for scientists to document their
work. We do a lot of experiments, not all of which work,
and you have to know where you’ve been, what the results
have been to figure out where you’re going to move next
and the laboratory notebook is the place to do it.
(Id.).
Second, as its case-in-chief for priority of invention,
Adang “alleges . . . that the invention as defined by Count 2 was
first conceived by M. Adang and E. Murray on November 6, 1985[,]
. . .” and “alleges to have exercised reasonable diligence during
the critical period” (AB 43, para. 1a) just prior to October 30,
1986, to its constructive reduction to practice on September 9,
1988 (AB 44, first full para.). Accordingly, Adang’s allegation
that it conceived of the invention of Count 2 before Fischhoff’s
earliest conception date and evidence in support thereof is no
less persuasive and Adang’s burden to show that it exercised
reasonable diligence during the critical period is reduced by
our finding that Fischhoff first conceived of the invention of
Count 2 no later than December 12, 1986.
-83-
Page: Previous 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Next
Last modified: November 3, 2007