SAWADA et al. V. JIN et al. - Page 12




                 Interference No. 103,141                                                                                                              



                 parties filed a total of 17 motions.  In a decision on                                                                                
                 preliminary motions and in an accompanying notice of                                                                                  
                 redeclaration,  mailed November 30, 1994, Judge Smith decided11                                                                                                           
                 the motions and sua sponte redeclared the interference                                                                                
                 substituting counts 2 and 3 for count 1.  Because Judge Smith                                                                         
                 denied Sawada benefit with respect to the new counts, Sawada                                                                          
                 now stood as a junior party that had not filed a preliminary                                                                          
                 statement.  Accordingly, Judge Smith entered an order to show                                                                         
                 cause under 37 CFR  1.640(d)(2) against junior party Sawada.                                                                         
                                   In response to the show cause order, Sawada filed                                                                   
                                                                            12                   13                                                    
                 motions, a preliminary statement,  a response  to the order to                                                                        
                 show cause requesting final hearing, and an “opposition”  to                                        14                                
                 the sua sponte substitution of counts 2 and 3 for count 1.                                                                            
                 After another round of motion filings, oppositions, and                                                                               
                 replies,   Judge Smith entered another order  deciding the                    15                                                      


                          11Paper Nos. 82 and 83.                                                                                                      
                          12Paper No. 87, filed December 27, 1994.                                                                                     
                          13Paper No. 88, filed December 27, 1994.                                                                                     
                          14Paper No. 89, filed December 27, 1994.                                                                                     
                          15Paper No. 114, mailed May 8, 1995.                                                                                         
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