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35 USC § 102(g)(1) and (2)

35 USC § 102(g)(1) and (2). (g)(1) Inventor establishes [prior invention] and not abandoned, suppressed or concealed . . .” (g)(2) Invention was made in this country by another inventor who had not abandoned, suppressed or concealed it.”. Peeler v Miller. 3.14.1966 Miller Conception.

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35 USC § 102(g)(1) and (2)

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  1. 35 USC § 102(g)(1) and (2) (g)(1) Inventor establishes [prior invention] and not abandoned, suppressed or concealed . . .” (g)(2) Invention was made in this country by another inventor who had not abandoned, suppressed or concealed it.”

  2. Peeler v Miller 3.14.1966 Miller Conception Peeler et al. rely only on Filing Date: 1.4.1968 March, 1966: Miller R to P 4.27.1970 Miller Filing Date

  3. Peeler et al. (Chevron Researchers) Related Patent: 3,583,920 (1971)

  4. § 102(g) “Abandoned, Suppressed, or Concealed” Filing Date R to P

  5. Peeler points • “Counts” are basically claims • Special interference lingo • “Abandoned experiment” argument – basically, enablement • See Rosaire case

  6. Peeler points cont’d • P 458: “Which of the rival inventors has the greater right to a patent?” • Classic Judge Rich approach to invention priority issue • See also Paulik, p. 461 • “In our opinion, a four year delay from [R to P] to [filing] is prima facie unreasonably long . . .”

  7. Compare to Diligence -- §102(g)(2) Christie Reduction to practice Conception Conception R to P ONLY Seybold’s diligence matters

  8. Interferences – some fine points • Administrative §135 : USPTO Bd Pat Int & App.; appeal to Fed Cir under §134, 141 • OR appeal under §§ 145/146

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