KEITH et al. V. COELHO - Page 3




                 Interference No. 103,270                                                                                                               



                                   separating the first catheter completely from the                                                                    
                 guidewire, and                                                                                                                         
                                   then inserting the second catheter into the                                                                          
                 indwelling guide catheter over the guidewire.                                                                                          
                 Coelho Motion for Extension of Time                                                                                                    
                                   In part VI of their opening brief (pp. 126 to 129),                                                                  
                 Keith et al. seek review of the Administrative Patent Judge's                                                                          
                 (APJ's) order of March 18, 1994 (Paper No. 8), granting a ten-                                                                         
                 day extension of time for Coelho to file his preliminary                                                                               
                 statement.  Keith et al. assert that the extension of the time                                                                         
                 for filing a preliminary statement beyond the expiration of                                                                            
                 the time for filing preliminary motions under § 1.633 was                                                                              
                 contrary to 37 CFR § 1.621(a) and beyond the APJ's authority,                                                                          
                 and that Keith et al. were prejudiced "by giving Coelho access                                                                         
                 to preliminary motions which disclose Keith et al.'s strategy                                                                          
                 in this interference" (Keith et al. opening brief, page 128                                                                            
                 (KOB-128)).   They request that Coelho's preliminary statement4                                                                                                                  



                          4In this decision, we will refer to the pages of the                                                                          
                 Keith et al. and Coelho records, and to their exhibits, as                                                                             
                 "KR- ,"                                                                                                                                
                 "CR- ," "JPX- " and "CX- ," respectively; to the Keith et al.                                                                          
                 opening and reply brief pages as "KOB- " and "KRB- "; and to                                                                           
                 the pages of Coelho's brief as "CB- ."                                                                                                 
                                                                           3                                                                            





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