Interference No. 103,640
claims of Inagaki were unpatentable to Inagaki under 35 U.S.C.
§ 103. The APJ considered and denied all other motions by either
party. Additionally, the APJ placed Inagaki under an order to
show cause. The motion decision and show cause order were mailed
March 26, 1999. In response to the show cause order, Inagaki
requested this final hearing. In response to Inagaki’s hearing
request, the APJ gave the parties a testimony time period for
introduction of declaration evidence relied upon during the
motion phase of the interference as well as for cross-examination
of the declarants. The APJ’s testimony letter also set a
schedule for filing the record and the briefs.
Evidence at Final Hearing
As noted in the background section above, the APJ set a
testimony period for the parties to make of record declarations
filed in support of preliminary motions and for cross-examination
of the witnesses making the declarations. However, we note in
the record the presence of new declarations and cross-examination
pertinent thereto, added by the senior party during the testimony
period. Indeed, during oral argument the senior party repeatedly
referred to the new evidence adduced during the testimony period.
Any new evidence adduced by the parties after the close
of the preliminary motions period (excepting cross-examination of
declarations filed during the motions period) will not be con-
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