Interference No. 103,036
against them in view of the fact that the dates alleged in their
preliminary statements did not overcome the filing date of the
senior party Burroughs et al.
The junior parties Tucholski and Cataldi et al. filed
responses to the show cause order. The purpose of this final
hearing is to determine whether the junior parties Tucholski and9
Cataldi et al. have shown sufficient cause to avoid the entry of
judgment against them. This decision addresses the issues raised
by the party Tucholski.
In its memorandum (Paper No. 505) in response to the
show cause order, the party Tucholski urges that a favorable
decision on its preliminary motions for judgment against the
party Burroughs et al. would vitiate the show cause order under
37 CFR § 1.640(d)(3). If the senior party Burroughs et al.'s
claims are held to be unpatentable as urged in the aforesaid
preliminary motions, then the senior party Burroughs et al. would
be removed from the interference. The interference would then
proceed as a three party interference with the party Cataldi
The accompanying final decisions address the issues raised by9
the party Cataldi et al. and by the party Wang et al.
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