Interference No. 103,197
Senior party Buschmann stands on his March 24, 1988,
German benefit date, which neither opponent has challenged at
final hearing.
As junior party Mannheimer did not offer any priority
evidence, judgment on the issue of priority is being entered
infra against his claims that correspond to the count.
Regarding Morrison's case for priority, Buschmann
concedes that Morrison achieved an actual reduction to
practice on September 19, 1989, which is eight months prior54
to Morrison's May 29, 1990, filing date. Morrison alleges
conception in November 1987, an actual reduction to practice
in February 1988, and diligence from prior to Buschmann’s
benefit date up to Morrison’s filing date. Morrison also
denies Buschmann's charge of abandonment, suppression, and
concealment. Since Morrison's involved application is
copending with Buschmann’s involved application, Morrison’s
burden of proof is by a preponderance of the evidence. 37 CFR
§ 1.657(b).
Regarding the interference rules, the parties were
Brief at 43, ¶ 112.54
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