ELLIS et al. vs. HENRY - Page 3



            Interference No. 103,414                                                                      


                        outer diameter portion having an outer                                            
                        peripheral portion spaced from said axis by a                                     
                        third radius which is less than said second                                       
                        radius;                                                                           
                               a pin [32] extending axially through a                                     
                        bore [24] in said body, and at least through                                      
                        a portion of said relatively great [sic,                                          
                        large] outer diameter portion [18], said pin                                      
                        being movable further axially inwardly                                            
                        relative to said body;                                                            
                               at least said relatively small outer                                       
                        diameter portion [22] being formed of a                                           
                        plurality of quadrants [16a-16d] separated by                                     
                        slots [unnumbered] extending to an end of                                         
                        said small outer diameter portion [22], and                                       
                        said pin being movable axially inwardly                                           
                        relative to said relatively small outer                                           
                        diameter portion and through said small outer                                     
                        diameter portion to force said quadrants to                                       
                        bend radially outwardly and set said rivet                                        
                        body in a hole; and                                                               
                               blocking portions [unnumbered] extending                                   
                        radially inwardly into said bore such that                                        
                        they are at least partially coaxial with said                                     
                        pin when said pin has not been forced axially                                     
                        into said head.                                                                   
            B.  The issue                                                                                 
                        The only issue before us is priority.  Because the                                
            parties' involved applications are copending, Junior Party Ellis                              
            has the burden of proving priority by a preponderance of the                                  
            evidence.  37 CFR § 1.657(b).                                                                 
                        Only Ellis submitted priority evidence, which consists                            
            of declaration testimony and exhibits by inventors Thomas Ellis                               
            and James Vickers and by a number of noninventors: Paul O’Rourke,                             
            William Frame, Mark Rayne, and Edmund Koza.  Henry has not                                    


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