What are the consequences of an inadequate priority showing?
An inadequate priority showing can have serious consequences for the applicant in an interference proceeding. The MPEP warns:
“The consequence of an inadequate showing may be serious for the applicant. If an interference is declared and the Board finds the priority showing insufficient (thereby issuing an order to show cause why judgment should not be entered against the applicant), the applicant will not be allowed to present additional evidence to make out a priority showing unless the applicant can show good cause why any additional evidence was not presented in the first instance with the priority showing before the examiner.”
This means that if the initial priority showing is found insufficient, the applicant may lose the opportunity to present additional evidence, potentially resulting in an adverse judgment in the interference proceeding.
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