Appeal 2007-0525
Application 09/919,794
the reference coupled with due diligence from prior to the reference date to a
subsequent actual reduction to practice; or (3) conception of the invention
prior to the effective date of the reference coupled with due diligence from
prior to the reference date to the filing date of the application (constructive
reduction to practice). Methods (2) and (3) are used when conception occurs
prior to the date of the reference, but reduction to practice, actual or
constructive, is afterward.
The facts and relevant dates are as follows:
May 2000 Conception of the present invention as evidenced
by the disclosure document
September 22, 2000 Actual reduction to practice by commercial
production of washing machine incorporating
claimed invention
December 21, 2000 Filing date of Blair Application 09/741,067
(which became the Blair '265 patent)
August 2, 2001 Filing date of instant application
January 7, 2003 Blair '265 patent issued
Since there is sworn testimony of an actual reduction to practice
before the filing date of the Blair patent, the affidavit is sufficient to antedate
Blair under method (1). Diligence is not required because this is not a case
where the reduction to practice occurred after the filing date of the reference.
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