Interference No. 103,036
MATTERS NOT ENTITLED TO REVIEW AT FINAL HEARING
Issue (1)
In its opening brief (Paper No. 712), the junior party
Cataldi et al. requests that we decide, either before or at the
first final hearing, its motion nos. 10, 11, 17, 22, 31, 33 to
37, and 39.
We decline to decide the aforesaid motions, since they
are not identified in Cataldi's request (Paper No. 502, filed
May 30, 1996) for final hearing. The request only seeks final
hearing to review the following motions:
Preliminary motion nos. 1 to 4, 23, 24, 32
and 38 (Paper Nos. 101 to 104, 123, 124, 296
and 362).
Interlocutory Order No. 4, granting the party Cataldi et al.'s
request for final hearing, states that this case would be set
down for final hearing to consider such matters as may be
pertinent under 37 CFR § 1.655 and that no other motions would be
reviewed. To now consider motions other than those specifically
identified in the party Cataldi et al.'s request for final
hearing would be contrary to the order and prejudicial to the
rights of the opposing parties. In accordance with 37 CFR
§ 1.655(b), the interlocutory order is presumed to have been
correct, and the burden is upon the party, here the party Cataldi
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