Interference No. 102,755
rely to show prima facie entitlement to the relief sought in a
motion must accompany the motion. See 37 CFR § 1.639(a):
(a) Except as provided in paragraphs
(c) through (g) of this section, proof of
any material fact alleged in a motion,
opposition, or reply must be filed and
served with the motion, opposition, or
reply unless the proof relied upon is part
of the interference file or the file of any
patent or application involved in the
interference or any earlier application
filed in the United States of which a
party has been accorded or seeks to be
accorded benefit.
See also Irikura v. Petersen, 18 USPQ2d 1362, 1368 (Bd. Pat.
App. & Int. 1990) ("A good faith effort must be made to submit
evidence to support a preliminary motion or opposition when
the evidence is available"); Bayles v. Elbe, 16 USPQ2d 1389,
1392 (Bd. Pat. App. & Int. 1990) ("The rules provide that all
evidence in support of a motion must be filed and served with
the motion. See 37 CFR §1.639"); Orikasa v. Oonishi, 10
USPQ2d 1996, 2000 n.12 (Comm'r Pats. 1989):
[W]here the moving party is in possession
of the necessary evidence, there is no
legitimate reason why it should not be
presented with the motion. If the motion
is not accompanied by then available proof
of a material fact, no further evidence
should be received in the interference in
connection with the issue raised in the
motion. 37 CFR §1.639.
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