PEREZ-SOLAER et al v. KHOKHAR et al v. KHOKHAR et al v. MAEDA et al - Page 7




          Interference No. 103,352                                                    

               We note for the record that counsel for Khokhar orally                 
          requested at final hearing that we reconsider the denial of that            
          motion.  Any request for reconsideration at this time, over four            
          years after the original order was issued, is considered,                   
          extremely belated.  Moreover, a party is not ordinarily permitted           
          to raise orally at final hearing a matter which could have been             
          addressed in the party's brief or reply brief. Cf. Rosenblum v.             
          Hiroshima, 220 USPQ 383, 384 (Comm'r 1983).  In this regard, any            
          action on our part must be based exclusively on written                     
          correspondence, and not on oral communications.  See 37 CFR 1.2.            
          For all of the foregoing reasons, we cannot honor Khokhar's oral            
          request.                                                                    
                                        II.                                           
               Similarly, the Khokhar motion to disqualify senior party               
          counsel was filed on Sept. 20, 1995, and was dismissed in the               
          same interlocutory order discussed above.  Since Khokhar has not            
          challenged the propriety of that order in any way, the motion to            
          disqualify counsel stands dismissed.                                        
                                     III., IV.                                        














Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007