Interference No. 103,950
present interference. Opposition (Paper No. 43). Reply
(Paper No. 47).
Tsuruta’s Preliminary Motion No. 6 (Paper No. 41)
pursuant to 37 CFR § 1.633(a) for judgment that certain claims
of Nardella’s involved application are not patentable.
Opposition (Paper No. 44). Reply (Paper No. 48).
We note at the outset, that a party filing a motion in an
interference, including a preliminary motion, has the burden
of proof to show that it is entitled to the relief sought in
the motion. 37 CFR § 1.637(a).
Nardella’s Preliminary Motion No. 1
Nardella Preliminary Motion No. 1, seeks an order
designating (1) claims 4 and 10 through 16 of Tsuruta’s patent
as corresponding to Count 1 and (2) claims 5 through 9 of
Tsuruta’s patent as corresponding to Count 2.
In order to prevail on this motion, Nardella must
establish by a preponderance of the evidence that claims 4
through 16 recite the “same patentable invention” as a claim
involved in the interference whose designation as
corresponding to Count 1 or Count 2 Nardella does not dispute.
37 CFR § 1.637(c)(3)(ii).
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