Interference No. 103,141
Standard of Review
On March 16, 1999, the Patent and Trademark Office
issued an interim rule change of patent interference rule 37
CFR § 1.655(a). 64 Fed. Reg. 12900. The rule deals with the
application of the abuse of discretion standard by a merits
panel when considering an interlocutory order entered by a
lone Administrative Patent Judge (APJ) acting in an
interlocutory capacity. The rule has been changed to
emphasize that a panel of the Board will resolve the merits
of an interference as a panel without deference to any
interlocutory order. Panels will, however, continue to apply
the abuse of discretion standard but only with respect to
procedural matters decided by the lone APJ acting in an
interlocutory capacity. Accordingly, we consider the
substantive issues dealt with by the APJ in his interlocutory
capacity and raised by the parties in their briefs giving them
de novo consideration in this decision.
With regard to the date of effectiveness of the
amended rule, the interim rule notice states that the amended
rule is effective as of the date of publication, viz., March
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