Interference No. 103,036
hearing is to determine whether the junior parties Tucholski29
and Cataldi et al. have shown sufficient cause to avoid the entry
of judgment against them. This decision addresses the issues
raised by the party Cataldi et al.
In its response (Paper No. 502) to the show cause
order, the party Cataldi et al. urges that a favorable decision
on its preliminary motions for judgment against the party
Burroughs et al. would vitiate the show cause order under 37 CFR
§ 1.640(d)(3). If the senior party Burroughs et al.'s claims are
held to be unpatentable as urged in the aforesaid preliminary
motions, then the senior party Burroughs et al. would be removed
from the interference and the interference would then proceed as
a three-party interference with the party Cataldi et al. as the
senior party. In that circumstance, the party Cataldi et al.
would be entitled to take priority testimony.
The party Cataldi et al. also requested final hearing
to consider its preliminary motion nos. 1 to 4, 23, 24, 32 and
38. In Interlocutory Order No. 4, mailed July 19, 1996, the APJ
granted the request to the extent that this case would be set
down for final hearing to consider such matters as may be
The accompanying final decisions address the issues raised by29
the party Tucholski and by the party Wang et al.
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