Solutions to Novelty Exercises, Page 284-285

1. As the problem is written, there is no barring event precluding Anrea's patent. However, if the date of the Benkai article is changed to 2005, section 102(a) bars Andrea's patent because a printed publication in a foreign country described the invention prior to her invention date. Note that in this alternative the Benkai article would be unavailable under §102(b) because it was published within one year of Andrea's filing date.


2. Andrea has priority under §102(g) because she was the first to conceive of the invention and reduce it to practice. Whether either party was diligent is irrelevant in this situation.


3. Diane obtains the award of priority under § 102(g) because she was the first to conceive of the invention and she showed diligence from Andrea's conception date until her own reduction to practice. Any diligence displayed by Andrea does not affect this outcome.


4. Edward obtains the award of priority because he was the first to reduce the invention to practice and because Andrea cannot demonstrate diligence. Whether Edward was diligent or not has no bearing upon this result.

5. Because Felicia's patent does not claim the semiconductor dopant, § 102(g) does not apply. Instead, §102(e) governs and can serve as a patent defeating event for Andrea's invention