Interference No. 103,036
In Interlocutory Order No. 2, dated May 10, 1996 (Paper
No. 494), the Administrative Patent Judge (APJ) listed and
acknowledged the 91 preliminary and miscellaneous motions and
requests, the various oppositions, replies thereto and comments7
to various oppositions and replies, filed by the parties. In
addition, the APJ opened preliminary statements and ordered their
service. At the same time, the APJ placed the junior parties
Tucholski and Cataldi et al. under an order pursuant to 37 CFR
1.640(d)(3) to show cause why judgment should not be entered8
In an order, dated December 12, 1994 (Paper No. 77), the APJ7
in charge of the interference at that time authorized the parties to
file comments in support of or in opposition to a motion directed at
another party.
This section reads, in part, as follows:8
§ 1.640 Motions, hearings and decision, redeclaration of
interference, order to show cause.
* * * * *
(d) An administrative patent judge may issue an order to
show cause why judgment should not be entered against a party when:
* * * * *
(3) The party is a junior party whose preliminary
statement fails to overcome the effective filing date of another
party.
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