Interference No. 103,029
reflect Kipouras' senior party status with respect to burden
of proof and in the judgment.15
Decisions on Motions to Amend Barnhouse Preliminary Statement
As noted above, party Barnhouse has filed two
motions 16
under 37 CFR § 1.635 for leave to amend its preliminary
statement pursuant to 37 CFR § 1.628. These motions to amend
are opposed by the junior party. The decisions on the motions
to amend the preliminary statement were deferred to final
hearing.
The Interference Rules, specifically 37 CFR § 1.628,
and its predecessors have been promulgated to allow the Patent
and Trademark Office (PTO) to permit an amendment of a party's
preliminary statement arising through inadvertence or mistake,
to permit and not thwart justice. See Myers v. Myers, 4 F.2d
15It is not necessary to redeclare an interference to
shift senior party status to a former junior party. Dinkel v.
D'Olier, 1904 C.D. 572, 573.
16 Papers No. 51 and 65, henceforth called first and
second motions to amend the Barnhouse preliminary statement,
respectively.
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