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. - 37 -Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NextLast modified: November 3, 2007