Interference No. 103,036
et al., attacking the order to show an abuse of discretion. No
abuse of discretion has been shown.
Interlocutory Order No. 10, Section III, defers to
final hearing consideration of seven miscellaneous motions and
one request for reconsideration provided that each party filing a
motion or request file a paper requesting review of the motion or
request at final hearing. This order, however, does not
authorize any party to seek review of any motions (preliminary or
miscellaneous) which were acknowledged earlier by the APJ in any
of his prior orders, but rather authorizes each party to seek
review of the motions and the request for reconsideration
specifically identified in the Section III of the order.
To the extent that both the party Cataldi et al.'s
paper (Paper No. 790) filed in response to Interlocutory Order
No. 10, Section III and the party Cataldi et al.’s opening brief
include a request for review of motion nos. 10, 11, 17, 22, 31,
33 to 37, and 39, which were not identified in Interlocutory
Order No. 10, Section III, the request is dismissed as being
belatedly filed in the absence of a miscellaneous motion under
37 CFR §§ 1.635 and 1.645(b) to excuse the belatedness.
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