WANG V. TUCHOLSKI - Page 21





          Interference No. 103,036                                                    



          of either Kiernan, U.S. Patent No. 4,723,656, or Parker,  U.S.18                  

          Patent No. 4,747,020.  As the moving party, the party Tucholski             

          has the burden of proof by a preponderance of the evidence on the           

          motion.  Kubota v. Shibuya, 999 F.2d 517, 519 n.2, 27 USPQ2d                

          1418, 1420 n.2 (Fed. Cir. 1993) ("The term 'burden of proof' as             























           The examiner initially rejected the claims originally in18                                                                     
          the Cataldi application, which matured to the involved Cataldi              
          patent, over the Parker patent and the party Cataldi et al. obtained        
          the allowance of its claims over this patent.  TR 574 and 575.  The         
          Parker patent was also cited, but no rejection was made, in both the        
          Burroughs et al. reissue application and the Burroughs et al. patent.       
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