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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