Interference No. 103,625
hearing. Campbell v. Wettstein, 476 F.2d 642, 648, 177 USPQ 376, 380 (CCPA 1973).
Accordingly, these publications will not be considered by the Board.
II.
Wallach motion to suppress
Wallach seeks to suppress that portion of the LeMaire brief directed to the
7
question of whether Wallach’s belated motion No. 5 should be considered. The motion is
granted. As clearly indicated in Paper No. 86, final hearing will be limited to issues, 1 and
2, supra.
III.
Issue 1
Wallach filed a first brief indicating that its sole purpose was to “preserve a
right to have the remainder of Wallach’s motions considered if LeMaire is successful in
establishing that the APJ abused her discretion in failing to consider the LeMaire motions”
(See Paper No. 90, filed February 23, 1998, page 8).
APJ indicated that both parties could raise the question of whether the APJ
abused her discretion in dismissing the remaining Wallach and LeMaire motions at final
hearing (See Paper No. 86).
Wallach mistakenly assume that they have a right to preserve if LeMaire
succeeds in establishing an abuse of discretion. To maintain standing with respect to
Wallach belated motion 5 (item 5 in the decision on motion) was dismissed by7
the APJ. See Paper No. 80
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