Interference No. 104,166 Patel v. Fuller 8. Within the 20 day period for the junior party to respond to the order to show cause, senior party Fuller filed a miscellaneous motion pointing out that the show cause order did not address the matter of the senior party’s pending motions to add a new count, and requesting that the interference be re-declared with count 2, 3, or 4, as proposed in the senior party’s preliminary motions. 9. Junior party Patel did not respond to senior party Fuller’s miscellaneous motion. 10. Senior party Fuller’s preliminary motions 1, 2, and 3, and miscellaneous motion stand unopposed. 11. To this date, junior party Patel has not filed any paper, with the possible exception of a paper filed by its counsel to seek withdrawal as attorneys. See Paper No. 5. 12. The request by junior party’s counsel to withdraw was granted by administrative patent judge Murriel Crawford. C. Discussion Party Fuller’s preliminary motion 1 to add proposed count 2 is unopposed. The motion is granted-in-part. No reason has been shown by party Fuller to have count 2 deviate from the language of Patel’s claim 1 or Fuller’s claim 80. - 3 -Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007