Interference No. 104,241
CUPPS ET AL. REQUEST FOR SANCTIONS
On page 6 of Paper Number 6, Cupps et al. has advised
this Board that Jeon et al. failed to serve on the senior
party a copy of any of the evidence which Jeon et al.
submitted to establish their right to proceed under 37 C.F.R §
1.608(b). As correctly noted by Cupps et al., 37 C.F.R §
1.617(b), last sentence and 37 C.F.R § 1.612(c) require that
such evidence be served on all opponents. While Cupps et al.
have not specifically requested that we sanction Jeon et al.
for their conduct, they parenthetically refer to 37 C.F.R. §
1.616(a) in the last sentence of the full paragraph on page 6
of Paper Number 6.
While we agree with Cupps et al. that Jeon et al.'s
failure to comply with the rules is sanctionable conduct,
Cupps et al. have not informed this Board what would be a
suitable sanction for such conduct. Because we have ruled
against the interests of the junior party Jeon et al. on all
issues raised before us and because the senior party has not
advised us as to what they would consider to be a suitable
sanction, we decline to exercise our discretionary authority
under the rules and sanction the junior party. Compare
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