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. 12Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007