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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