Interference 103,781
Burroughs Wellcome Co. v. Barr Labs., Inc., 40 F.3d at 1231,
32 USPQ2d at 1922.
Accordingly, we conclude:
(A) Presuming Adang conceived of the invention of Claim 1
or 11 of Adang’s involved U.S. Patent 5,380,831 corresponding to
Count 2 prior to Fischhoff’s December 12, 1986, i.e., conception
of the invention of Count 2, Adang has not shown the it exercised
reasonable diligence toward reduction to practice of the
invention of Claim 1 or 11 of Adang’s involved patent from a date
just prior to December 12, 1986, to September 9, 1988.
(B) Adang has not shown that it envisioned or communicated
the invention of Claim 1 or 11 of Adang’s involved U.S. Patent
5,380,831 corresponding to Count 2 in sufficiently definite and
complete form that only the exercise of ordinary skill remained
to reduce it to practice, prior to Fischhoff’s December 12, 1986,
conception of the invention of Count 2.
II. Adang’s conception of Claim 3 of Fischhoff’s
involved application and reasonable diligence
toward reduction to practice
Claim 3 of Fischhoff’s involved application reads (AB 48):
3. A method for modifying a wild-type structural
gene sequence which encodes an insecticidal protein of
Bacillus thuringiensis to enhance the expression of said
protein in plants which comprises:
a) removing polyadenylation signals contained
in said wild-type gene while retaining a sequence
which encodes said protein; and
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