CHILD et al. V. KOLAR et al. - Page 7




          Interference No. 102,408                                                    




                                 Motion to suppress                                   
               Senior party Kolar filed a motion under 37 CFR  1.656(h)              
          (1993) to suppress certain portions of the Child record.  See               
          Paper No. 85.  However, whether or not those portions of the                
          Child record are suppressed, the junior party does not prevail              
          in this interference.  Therefore, Kolar's motion to suppress                
          is dismissed.                                                               
                            Priority case of junior party                             
               The dispositive issue in this case is whether junior                   
          party Child has established, by a preponderance of the                      
          evidence, an actual reduction to practice of the subject                    
          matter of the count prior to September 3, 1984, Kolar's                     
          effective filing date.  Holmwood v. Sugavanam, 948 F.2d 1236,               
          1238, 20 USPQ2d 1712, 1714 (Fed. Cir. 1991) (requiring junior               
          party to prove priority case by a preponderance of the                      
          evidence); see also Bosies v. Benedict, 27 F.3d 539, 541-42,                
          30 USPQ2d 1862, 1864 (Fed. Cir. 1994) (preponderance of the                 
          evidence standard and clear and convincing evidence standard                
          distinguished).  As senior party Kolar points out, junior                   
          party Child does not rely on conception coupled with diligence              

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