Patent Interference No. 103,548
By virtue of being accorded the benefit of an earlier filing date (May 19, 1990) with
respect to all the counts, Konrad is the senior party in this interference. 37 CFR §§
1.657 and 1.601(m).
This is a Final Decision resolving the issues raised at final hearing5, 37 CFR §
1.658.6 The parties have filed briefs, opposition briefs, and reply briefs7 as well as
records8 consisting of evidence in the nature of affidavits, testimony, publications and
exhibits.
The issues presented for our decision include the parties' outstanding motions
and the issues raised by the parties in their briefs9 in response to the Decision on
Preliminary and Other Motions, Order Setting Testimony and Related Periods, and
5 We refer to the final hearing of April 29, 1999, not to the hearing of March 31, 1998. The three member
panel which heard oral argument on March 31, 1998, consisted of Senior Administrative Patent Judge
McKelvey, Administrative Patent Judges Ellis and Weimar. Judge Weimar resigned soon thereafter and
was replaced by Administrative Patent Judge Schafer. In response, Lagrange requested new oral
argument. The three member panel which heard oral argument on April 29, 1999, consisted of
Administrative Patent Judges Schafer, Gron and Lorin.
6 A party is not, without good cause, entitled to raise for consideration at final hearing a matter which
could have been raised by motion or in an opposition to a motion under 37 CFR § 1.633. Grose v. Plank,
15 USPQ2d 1338, 1342 (Bd. Pat. App. & Int. 1990); Grove v. Johnson, 22 USPQ2d 1044, 1046 (Bd. Pat.
App. & Int. 1991).
7 Hereinafter, the briefs, opposition briefs and reply briefs will be designated by the following
abbreviations followed by page number:
LB Lagrange Brief, filed February 2, 1998 (paper no. 90)
KB Konrad Brief, filed January 30, 1998 (paper no. 94)
LOB Lagrange Opposition Brief, filed February 27, 1998 (paper no. 99)
KOB Konrad Opposition Brief, filed February 27, 1998 (paper no. 100)
LRB Lagrange Reply Brief, filed March 20, 1998 (paper no. 102)
KRB Konrad Reply Brief, filed March 20, 1998 (paper no. 107)
8 References to the Lagrange Record (paper no. 103) will be designated as LR, followed by page number;
references to the Konrad Record (paper no. 105) will be designated as KR, followed by page number.
9 Matters not raised in a parties' brief are ordinarily regarded as abandoned. Photis v. Lukenheimer, 225
USPQ 948 (Bd. Pat. Int. 1984).
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