Interference No. 103,878
filed a motion to suppress evidence which was opposed by the
senior party. Both parties were represented by counsel at
final hearing.
Issues
The following issues have been raised by the parties
in their respective main briefs:
C Whether the junior party has established by a
preponderance of the evidence that Henson and
Wilkerson are joint inventors with Thompson. The
junior party lists as an issue whether the senior
party has established that Thompson is a sole
inventor. However, the senior party has no burden
to prove that Thompson is the sole inventor.
C Whether the claims of the senior party patent and
concurrently the claims in the junior party’s
application are unpatentable over prior
art. This issue was first raised by
preliminary motion during the preliminary
motion period established by the
Administrative Patent Judge (APJ). A
decision on the motion was deferred to
final hearing.
Additionally, the junior party has filed a motion to suppress
evidence. We will consider these issues hereinbelow,
beginning with the motion to suppress evidence.
Motion to Suppress Evidence
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