Interference No. 102,668 motion begins with the filing of the motion, not its denial. See Hanagan v. Kimura, 16 USPQ 1791, 1794 (Comm'r Pats. & Trademarks 1990) ("It is not appropriate to file a motion, see if the motion will be granted, and then ask for testimony if the motion is denied."). The duty to promptly obtain and file relevant evidence also exists with respect to belatedly filed motions, I.,e., motions filed after the close of the preliminary motion period. See Interference Practice: Matters Relating to Belated Preliminary Motions, 1144 Off. Gaz. Pat. Office 8 (Nov. 3, 1992) (where evidence that provides a basis for a § 1.633(a) motion does not come to light until after the end of the preliminary motion period, the board will not consider the matter unless the party, promptly after the evidence becomes available, files a belated § 1.633(a) motion accompanied by a § 1.635 motion showing good or sufficient cause for the belatedness). For the foregoing reasons, the twenty-two month hiatus in McMahon's efforts to obtain Lindberg's affidavit cannot be excused on the ground that the initial motion, based only on the first Jones affidavit, was granted by the APJ. Nor can this period of inactivity be excused on the ground that - 38 -Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NextLast modified: November 3, 2007