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For example, Magnum Oil Tools says, A patentee bears the burden of establishing that its claimed invention is entitled to an earlier priority date than an asserted prior art reference.
So, in the case of attempted antedating, the burden of production is on the Patent Owner to show with evidence and argument that the earlier document provides written description and an enabling disclosure of the claimed subject matter.
The Board should be suspect of any argument by this Petitioner that Dr. Pryor did not conceive of the claimed invention before the effective date of Rhoads and -- or that he did not exercise reasonably continuous diligence over only ten days through constructive reduction of practice.
Patent Owner's counsel also indicated that our expert's testimony was conclusory on this point, but I believe if Your Honors will refer to Exhibit 1034, which is our Reply Declaration, Mr. Schmandt went into quite a bit of detail about why component-level structure was appropriate for this limitation, and that's consistent with his other arguments as well.