Interference No. 103,141
parties filed a total of 17 motions. In a decision on
preliminary motions and in an accompanying notice of
redeclaration, mailed November 30, 1994, Judge Smith decided11
the motions and sua sponte redeclared the interference
substituting counts 2 and 3 for count 1. Because Judge Smith
denied Sawada benefit with respect to the new counts, Sawada
now stood as a junior party that had not filed a preliminary
statement. Accordingly, Judge Smith entered an order to show
cause under 37 CFR § 1.640(d)(2) against junior party Sawada.
In response to the show cause order, Sawada filed
12 13
motions, a preliminary statement, a response to the order to
show cause requesting final hearing, and an “opposition” to 14
the sua sponte substitution of counts 2 and 3 for count 1.
After another round of motion filings, oppositions, and
replies, Judge Smith entered another order deciding the 15
11Paper Nos. 82 and 83.
12Paper No. 87, filed December 27, 1994.
13Paper No. 88, filed December 27, 1994.
14Paper No. 89, filed December 27, 1994.
15Paper No. 114, mailed May 8, 1995.
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