HONG V. STORM - Page 9




          Interference No. 103,636                                                    

          opposition.  That Hong might not prevail on its evidentiary                 
          objection was readily foreseeable and something which Hong                  
          should have guarded against.                                                
               Hong's failure to provide a complete opposition is                     
          contrary to the public interest in avoiding piecemeal                       
          prosecution of interferences, Pritchard v. Loughlin, 361 F.2d               
          483, 487, 149 USPQ 841, 844 (CCPA 1966), and to the spirit and              
          scope of the new rules which have been implemented to provide               
          "the just, speedy and inexpensive determination of every                    
          interference."  37 CFR                                                      
          § 1.601.  To allow a junior party such as Hong to piecemeal                 
          its opposition is to allow a party the opportunity to control               
          a proceeding and to open the door to harassment of one party                
          by another by effectuating procedural delay.  This would                    
          diminish the APJ's control over an interference, contrary to                
          the provisions of 37 CFR § 1.610(c), and defeat the goal of                 
          achieving the just, speedy and inexpensive determination of                 
          interferences.                                                              
               Whereas Hong's response to the order to show cause fails               
          to show good cause why judgment should not be entered against               
          it, because its arguments on the merits in its response are                 
          entitled to no consideration, judgment against Hong under 37                
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