Interference No. 103,891
Papers Filed After Oral Hearing
Notwithstanding 37 CFR § 1.654(d), the parties have
filed the following papers after final hearing: Letter of
Correction filed by Moorman; Flanders’ Response to the Letter
of Correction; and Moorman Reply to the Flanders Response. The
original Moorman Letter purports to correct an impression that
Moorman alleges was given to the Panel when party Flanders
distributed explanatory materials during oral hearing.
None of the papers filed after final hearing is
entitled to consideration under the rules. They have not been
considered. This interference has been decided on the briefs.
The oral argument is held only for the parties to
emphasize points made in a brief. Rosenblum v. Hiroshima,
220 USPQ 383 (Comm'r. Pats. & Trademarks 1983)(The purpose of
oral argument at final hearing is to emphasize and clarify
written argument in the brief.) Compare In re Chiddix, 209 USPQ
78, 79 (Comm'r. Pats. & Trademarks 1980). Explanatory materials
presented to the Board at any hearing are not evidence used in
deciding the case.
Concept S
As argued in both main briefs, the parties are now
in agreement that the Concept S marketing presentation is prior
10
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007