Interference No. 102,922
Interference No. 103,088
patentability of claims in accordance with 37 CFR § 1.633(b)
or
37 CFR § 1.633(c)(4) have been raised in either interference.
Gill is senior party in both interferences by virtue of
the March 8, 1990, filing date accorded to him in the
respective declaration notices. Gill did not take any
testimony in either interference to establish a date earlier
than the March 8, 1990 date. Therefore, Gill is restricted to
his filing date; and Dumas, as junior party, must establish
priority by a preponderance of the evidence. Peeler v.
Miller, 535 F.2d 647, 651, 190 USPQ 117, 120 (CCPA 1976). For
its case on priority, the party Dumas relies upon two
alternative grounds: (1) derivation by senior party Gill; and
(2)actual reduction to practice before the March 8, 1990 date
of senior party Gill.
Both parties filed records, briefs and appeared at final3 4
hearing.
3The Dumas and Gill record and exhibits will be referred to
herein by DR, DX, GR and GX followed by the appropriate page or
exhibit number.
4The Dumas and Gill briefs will be referred to as DB, GB
and DRB followed by the appropriate page number.
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