BOUZIDA et al v. BEAMER et al - Page 3



         that Bouzida wishes the board to consider at final hearing in              
         connection with the denial of Bouzida preliminary motion 1 (Paper          
         56 at 2).                                                                  
              For the reasons that follow, we deny Bouzida’s motion under           
         37 C.F.R. §§ 1.640(e)(3) and 1.635.  We treat Bouzida’s response           
         to the order to show cause as a request for reconsideration of             
         our earlier decision denying Bouzida preliminary motion 1.                 
         Bouzida’s request for reconsideration of the denial of Bouzida             
         preliminary motion 1 is denied.  Finally, since Bouzida does not           
         contest the board’s decision that judgment should be entered               
         against Bouzida, we enter judgment against Bouzida.                        
              B.   Discussion                                                       
              Bouzida motion for testimony and final hearing                        
              Bouzida states in its motion under 37 C.F.R. §§ 1.640(e)(3)           
         and 1.635, that “Bouzida does not contest the Board’s decision             
         that it is not entitled to a judgment of priority as the (sic)             
         Count” (Paper 56 at 2).  Thus, Bouzida concedes priority to                
         Beamer.                                                                    
              Bouzida requests in its motion under 37 C.F.R. §§                     
         1.640(e)(3) and 1.635, that Bouzida be granted a final hearing in          
         connection with its preliminary motion 1.  Apparently, Bouzida             
         would also like to introduce evidence in support of its                    
         preliminary motion 1 that we have not previously considered                
         (Paper 56 at 2).                                                           

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