Interference No. 103,036
as "Category A" motions. Of these two motions, the APJ only
authorized the senior party Burroughs et al. to seek review at
the first final hearing of its motion under 37 CFR §§ 1.635 and
1.662(b) and its supplement thereto against Cataldi et al. (Paper
Nos. 425 and 553).
In response to the requirement, the senior party
identified five categories of motions--A to E. The category B
motions (three preliminary motions for judgment (Paper Nos. 91 to
93) and two miscellaneous motions (Paper Nos. 480 and 487)
relate to the right of the junior parties Tucholski and Cataldi
et al. to remain in this interference and rely upon the
consideration of affidavit evidence. The senior party requested
reconsideration of the APJ's decision to deny the senior party
the right to rely upon the category B motions. Upon
reconsideration, the APJ authorized the senior party to seek
review of the category B motions, since they rely upon
declarations, which were presented in the senior party's
oppositions to the junior parties' motions. The only other
evidence, not relied upon in the oppositions, are the
declarations of Mr. Peterson which introduce certain press
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