Interference No. 104,745
representatives deliberately refrained from making an adequately meaningful test readily within
their immediate abilities solely on the ground on convenience"). See also Wu v. Davis,
167 USPQ 467, 473 (Bd. Pat. Int. 1968)(a desire not to interfere with equipment already in use is
not a valid excuse for inactivity). Inasmuch as working on the AP-MALDI apparatus was one of
Dr. Laiko's employment responsibilities, albeit one having a low priority, the principle that an
inventor need not surrender or neglect his regular employment in order to show reasonable
diligence, Gould, 363 F.2d at 919, 150 USPQ at 643, does not apply. See Donald Chisum, 3
Patents § 10.07[4][c] (Rel 82-3/02)("Naturally, if work on an invention is a part of the inventor's
employment, employment is not such an excuse for inactivity or to slow the pace of activity.").
The absence of sufficient relevant activity or an acceptable excuse for inactivity during
the period of 24 February through 9 March 1998, and coupled with the one-week period of
unexplained inactivity preceding the 14 January 1998 laser repair order to Laser Science are, in
our view, sufficient to defeat Laiko's claim of diligence and with it Laiko's case for priority. See
Ireland v. Smith, 97 F.2d 95, 99-100, 37 USPQ 807, 811 (CCPA 1938) (held not diligent for
failing to account for period of three and one-half weeks). Consequently, we need not consider
whether there is adequate corroboration for the activities Dr. Laiko allegedly performed during
10-13 March, the four days immediately preceding the admitted actual reduction to practice,
which include: (a) pre-testing the AP-MALDI apparatus on 10 March by assembling and
disassembling the entire apparatus, including removing and replacing the ESI input apparatus,
Laiko Decl. (LX 1037) ¶ 65; (b) assembling the AP-MALDI apparatus on 11 March and using it
on that day to conduct an unsuccessful test with a matrix of "-cyano and an analyte mixture of
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