John O. Paivinen v. Eugene A. Sands

SMITH, Judge.

The issues involved in this appeal concern Paivinen’s burden of proof and whether, under the applicable standard, those proofs are sufficient to establish an actual reduction to practice in view of all the evidence submitted by the parties.

Those issues arise on appeal by the party Paivinen, the junior party, from a decision of the Board of Patent Inter- ferenees 1 awarding priority to the senior party, Sands. That decision is the result of the board’s consideration of the case on remand from this court in the first appeal, Paivinen v. Sands, 339 F.2d 217, 52 CCPA 906, 1030…