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. -21-Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 3, 2007