Ex Parte GLICKMAN - Page 13



          allegedly took place between Sever and Feldman.  For these                  
          reasons, Sever’s “estoppel” theory is not persuasive.                       
               Business to be conducted with decorum and courtesy                     
               Parties and counsel appearing before the Office must conduct           
          themselves with decorum and courtesy.  37 C.F.R. § 1.3.  Sever's            
          conduct, particularly its reply (Paper No. 26), has fallen well             
          short of that mark.  Sever accuses Glickman and its former                  
          counsel of being "liars and thieves" and impugns the competence             
          and character of Glickman's present counsel (id. at 2).  Sever              
          also employs a pejorative phrase.  Since judgment will be entered           
          against Sever, no further sanction will be contemplated by the              
          Board, but the nature of Sever's improper conduct warrants a                
          little further exploration as a caution to Sever's counsel and              
          those who might follow his path.                           .                
               Ethical violations by counsel                                          
               Sever suggests misconduct by both former and present                   
          Glickman counsel.  Sever's accusations implicate several                    
          provisions of 37 C.F.R. § 10.23, particularly §10.23(c)(10).                
          Sever has not, however, filed a complaint with the Office of                
          Enrollment and Discipline against either counsel.  Cf. Hoffmann-            
          La Roche, Inc. v. Invamed, Inc., 213 F.3d 1359, 1366, 54 USPQ2d             
          1846, 1850 (Fed. Cir. 2000) (leaving consideration of                       
          professional ethics violations to the relevant bar).  Both Sever            
          (Reg. No. 37,569) and Sever's counsel (Reg. No. 32,855) are                 

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