Interference No. 103,636
provisions of 37 CFR § 1.640(e)(1)(ii) . In answer to Hong's3
response to the order, Storm filed a reply provided for under
37 CFR § 1.640(e)(2) (Paper No. 19). Whereas neither party
requested a final hearing, the decision of the APJ that is the
basis for the order to show cause is before us for review
based on the contents of Hong's paper and Storm's reply. 37
CFR § 1.640(e)(4).
Positions of the Parties
Hong argues it was not appropriate for the APJ to
Rule 640(e)(1)(ii) reads as follows:3
(e) When an order to show cause is issued under
paragraph (d) of this section, the Board shall enter
judgment in accordance with the order unless, within
20 days after the date of the order, the party against whom
the order issued files a paper which shows good cause
why judgment should not be entered in accordance
with the order.
(1) If the order was issued under paragraph (d)(1)
of this section, the paper may:
(i) Request that final hearing be set to review any
decision which is the basis for the order as well as any
other decision of the administrative patent judge that
the party wishes to have reviewed by the Board at final
hearing or
(ii) Fully explain why judgment should not be
entered.
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