Interference No. 103,669
Burden of Proof
The junior party's involved application was filed
during the pendency of the senior party's patent application.
Accordingly, for the junior party to prevail in a priority
contest, the junior party must prove priority of invention by
a preponderance of the evidence. See Peeler v. Miller, 535
F.2d 647, 651 n.5, 190 USPQ 117, 120 n.5 (CCPA 1976). Accord
Bosies
v. Benedict, 27 F.3d 539, 541-42, 30 USPQ2d 1862, 1864 (Fed.
Cir. 1994). Cf. Price v. Symsek, 988 F.2d 1187, 1194, 26 USPQ
1031, 1036 (Fed. Cir. 1993).
The senior party has not put on a case-in-chief.
Therefore, the senior party’s date of invention is his actual
filing date, December 5, 1994.
Steitz’ Priority Case
Conception has been defined as the formation, in the
mind of the inventor, of a definite and permanent idea of the
complete and operative invention. Coleman v. Dines, 754 F.2d
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