Paul Schendel v. Benson M. Curtis, Linda S. Park, and David J. Cosman

The issue at this threshold stage is not priority of invention: it is the right to contest priority. The only issue is whether the junior party Schendel made a prima facie case that he was in possession of the subject matter of the count, for the purpose of determining whether there should be an interference proceeding. As discussed in Kahl v. Scoville, 609 F.2d 991, 995, 203 USPQ 652, 656 (CCPA 1979), at this stage of the proceedings “[a]ppellants are only required to establish a prima facie ease; that is, it is assumed that the allegations in appellants’ affidavits are true.” The evidence…