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(Interference No. 101,100)

Appealed from: Patent and Trademark Office

This appeal involves a patent interference that is before us for the second time. Peter B. Cooper and David Goldfarb originally filed their patent applications in 1974. An interference was declared between the applications in 1983, and the Board issued a final decision in 1995, awarding priority to Goldfarb. The Board determined that, although Cooper was the first to conceive the invention at issue, which relates to the fibril length of certain material used for vascular grafts, Goldfarb was the first to reduce the invention to practice. Cooper v. Goldfarb, 154 F.3d 1321, 1326-27, 47 USPQ2d 1896, 1900 (Fed. Cir. 1998) (“Cooper I”). Because Cooper had not alleged that he had been diligent in reducing the invention to practice, Goldfarb’s earlier reduction to practice entitled him to priority of invention. See 35 U.S.C. � 102(g); Cooper I, 154 F.3d at 1326-27, 47 USPQ2d at 1900.

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