Interference No. 103,036
et al. as the senior party. In that circumstance, the party
Tucholski's preliminary statement would overcome the effective
filing date of the party Cataldi et al.
The memorandum also includes a request for final
hearing to review preliminary motions (Paper Nos. 81 and 82) for
judgment against Burroughs et al. and a motion (Paper No. 506)
for testimony. The APJ granted the request for final hearing to
the extent that this case would be set down for final hearing to
consider such matters as may be pertinent under 37 CFR § 1.655
and granted the motion for testimony to the extent that the party
Tucholski was authorized to introduce into evidence only that
evidence relied upon in its two preliminary motions for judgment
(Paper Nos. 81 and 82) and in its replies (Paper Nos. 257 and
258). The APJ's order states, "[n]o other evidence may be
introduced." See Section IV of Interlocutory Order No. 4, dated
July 19, 1996 (Paper No. 534).
The parties Wang et al., Tucholski, Cataldi et al. and
Burroughs et al. took testimony, filed records and briefs, and
appeared through counsel, at final hearing.
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