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Scott v. Koyama

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John D. Scott and Rachel A. Steven (together “Scott”) appeal the decision of the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office, awarding priority of invention to the senior party Satoshi Koyama, Yukio Homoto, and Naoki Esaka (together “Koyama”). *fn1 Scott established conception of the process of the count, and presented evidence of reasonable diligence to reduction to practice from a time preceding the effective filing date of the Koyama patent application (on which Koyama relied) to the effective filing date of the Scott patent application. The Board erred in holding that only chemical process laboratory activity can serve as evidence of diligence. The decision of the Board is reversed, and the case is remanded with instructions to award priority to Scott.

BACKGROUND

The invention is a process for producing 1,1,1,2-tetrafluoroethane, a replacement for chlorofluorocarbons in refrigeration systems. The sole interference count follows:

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