Interference No. 103,613
A combined Decision on Motions and Order to Show Cause (Paper No. 37) was rendered
on October 30, 1998. In that decision, the Administrative Patent Judge (APJ) found with
respect to Sondermeijer motion 4 that all of Cochran's involved claims are unpatentable
under 35 U.S.C. § 102 (b)/§ 103 based upon the disclosure of either the Australian or
Canadian counterpart of the involved Sondermeijer patent, taken alone or in combination
with an article by Ross et al.
Accordingly, the fundamental issue presented for decision is whether the APJ
properly granted Sondermeijer's motion for judgment (motion 4) based on a sound and
thorough evaluation of the evidence of record and the positions of each party.
Each of the parties has presented an evidentiary record, submitted exhibits, filed
briefs and appeared, through counsel, at final hearing.
No issue of interference-in-fact has been directly raised in this proceeding.
Preliminary Matter
Initially, we turn to Sondermeijer's motion under 37 CFR § 1.656(h) to suppress
evidence (Paper No. 60) to which Cochran has filed an opposition (Paper No. 63). The
motion seeks suppression of documents including, inter alia, Declaration of
4
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