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Patent Law Keyed to Adelman
Gould v. Schawlow
Facts
On July 30, 1958, Defendant applied for a patent on a "laser." On April 6, 1959, Plaintiff applied for a patent for the same invention. Plaintiff challenged Defendant's patent, and both applicants claimed their filing dates were reduction-to-practice dates. The burden was on Plaintiff to prove reasonable diligence from prior to July 30, 1958, to April 6, 1959. Even though Plaintiff proved conception of the laser as early as November 1957, he did not begin building the laser as he wanted to find variations that were easier to construct. The Board of Patent Interferences did not find sufficient evidence from Plaintiff of corroboration for the work done in the critical period.
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