Interference No. 102,622
the applications." (footnote omitted). There is simply no
evidence in this record which establishes what work Mr. Morris
performed with respect to any particular application on any
particular date in question. As the party with the burden of
persuasion, that was Oates' burden.
Nonetheless, Oates urges that we should conclude
from the evidence of the above-noted sporadic activity by
Oates or her agents during the critical time period that the
time intervals which intervene between the evidence of actual
activity should be presumed to have been spent by Morris or
others actively acting on filing her application. However,
contrary to Oates' argument, it does not necessarily follow
from the evidence before us that Mr. Morris was actively
engaged in working on the Oates' application during every time
period for which there is no evidence of activity. The simple
fact is we do not know from the record before us what work Mr.
Morris performed on what dates or on what application.
Indeed, Mr. Morris' testimony on this matter is revealing.
On cross examination, Mr. Morris conceded that he
did not keep any records of how he spent his time on a daily
basis (OR p.228, lines 9 through 23) and that he had no
written records indicating how much time he spent on any
16
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: November 3, 2007