Interference No. 103,036
ISSUES
The junior party Tucholski's opening brief raises the
following issues:
1. Whether the parties' claims corresponding to the count are
unpatentable over prior art.
2. Whether the senior party Burroughs et al.'s claims
corresponding to the count are unpatentable under 35 U.S.C.
§ 112.
3. Whether the APJ abused his discretion by (i) scheduling two
final hearings, (ii) not permitting the party Tucholski
additional discovery, (iii) permitting the senior party Burroughs
et al. to raise its schedule B motions at the first final
hearing, and (iv) not scheduling a time for the party Tucholski
to file a reply to the other junior parties opposition briefs.
4. Whether the Board should retain the party Tucholski as a
party to this interference regardless of the outcome of the first
final hearing.
In Interlocutory Order No. 10, consideration of the
party Tucholski's miscellaneous motion (Paper No. 665) to excuse
the belatedness of its second preliminary motion (Paper No. 666)
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