Interference No. 104,067 hearing.' Junior party Kramp took testimony and filed a record and a brief, but waived its opportunity to appear, through counsel, at final hearing for oral argument. See Paper No. 30. Issues Kramp raises the issues of priority of invention and derivation in his brief at final hearing. See Brief, page 5. Junior party Kramy's case for oriority 1. As the junior party in an interference between co-pending applications, junior party Kramp bears the burden of proving priority by a preponderance of the evidence. Cooper v. Goldfarb, 154 F.3d 1321, 1326, 47 USPQ2d 1896, 1900 (Fed. Cir. 1998); see also Bosies v. Benedict, 27 F.3d 539, 541-42, 30 USPQ2d 1862, 1864 (Fed. Cir. 1994). In his brief, Kramp points out that his evidence of prior invention is "incontroverted." See Brief, page 8; see also Trzyna affidavit dated January 28, 2000, paragraph 18 ("This Interference is uncontested."). However, the senior party's failure to file a brief at final hearing does not relieve the 6A time was also set for senior party Bishop to file a brief at final hearing. See Paper No. 15. However, the senior party did riot file a brief. See Paper Nos. 18 and 19; Service bv Publication under 37 CFR ý 1.646, 1217 Off. Gaz. Pat. & Trademark Office 154 (Dec. 29, 1998). 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007