United States Federal Circuit

Because the Board of Patent Appeals and Interferences erred in holding that only chemical process laboratory activity can serve as evidence of diligence, and since plaintiff established conception of the process of the count and of diligence to reduction to practice from a time preceding the filing date of defendant's application to the filing date of plaintiff's application, priority was awarded to plaintiff.

Appellate Information

• Decided 02/27/2002
• Published 02/27/2002

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul N. Kokulis,Pillsbury Winthrop LLP, of Washington, DC, argued for appellants.   With him on the brief were Lynn E. Eccleston and Susan T. Brown.


• For Appellees:
  
• Raymond C. Stewart, Birch, Stewart, Kolasch & Birch LLP, of Falls Church, VA, argued for appellees.   With him on the brief was Andrew D. Meikle.