Interference No. 103,435
The Senior party filed a preliminary motion which alleged
that the Junior party Christ’s claims 1 through 17 are
unpatentable under 35 U.S.C. § 112. In view of our
determination that the Junior party has failed to establish
diligence, this issue is moot.
The party Larry Blake has asked us to consider a 37 CFR
§ 1.635 motion for leave to file a belated 37 CFR §
1.633(a)/35 U.S.C. § 102(f) motion. In view of our
determination that the Junior party has failed to establish
diligence, this issues is also moot.
Christ’s October 20 1995 filing
On October 25, 1995, the Junior party filed witnesses
declarations and an index of witnesses and exhibits relied
upon under Rule § 1.671 and § 1.672. The Senior party filed a
motion arguing that the documents i.e., Christ’s exhibits 14
and 15, declaration of Robert Bishop, Second declaration of
F. Richard Christ were not timely filed.
As we have not based our decision on the Bishop
declaration or exhibits 14 and 15, this issue is moot.
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