Interference No. 104,745
than Hitzeman controls. Under Burroughs, Bai's argument fails because "[a]n inventor's belief
that his invention will work . . . [is] irrelevant to conception," 40 F.3d at 1228, 32 USPQ2d at
1920.
For the foregoing reasons, we are crediting Laiko with a conception date of 30 October
1997.
Laiko's case for diligence
As noted supra, the critical period during for which Laiko must show reasonable
diligence runs from just prior to Bai's 19 December 1997 conception up to Laiko's 14 March
1998 actual reduction to practice. 35 U.S.C. § 102(g); Mahurkar, 79 F.3d at 1578, 38 USPQ2d
at 1291; Monsanto, 261 F.3d at 1368, 59 USPQ2d at 1938. Consequently, we need not consider
Bai's argument that Laiko has not failed to show reasonable diligence throughout period between
30 October 1997 and 19 December 1997. BOppBr 47-53.
Diligence can be shown by evidence of activity aimed at reducing the invention to
practice, either actually or constructively, and/or by legally adequate excuses for inactivity. As
explained in Griffith v. Kanamaru, 816 F.2d 624, 626, 2 USPQ2d 1361, 1362 (Fed. Cir. 1987):
A review of caselaw on excuses for inactivity in reduction to practice reveals a
common thread that courts may consider the reasonable everyday problems and
limitations encountered by an inventor. See, e.g., Bey v. Kollonitsch, 806 F.2d
1024, 231 USPQ 967 (Fed. Cir. 1986)(delay in filing excused where attorney
worked on a group of related applications and other applications contributed
substantially to the preparation of Bey's application); Reed v. Tornqvist, 436 F.2d
501, 168 USPQ 462 (CCPA 1971) (concluding it is not unreasonable for inventor
to delay completing a patent application until after returning from a three week
vacation in Sweden, extended by illness of inventor's father); Keizer v. Bradley,
270 F.2d 396, 47 CCPA 709, 123 USPQ 215 (CCPA 1959)(delay excused where
inventor, after producing a component for a color television, delayed filing to
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