Ex Parte GREEN - Page 12





        end effector for holding a surgical instrument. Accordingly, our            
        decision did not raise a new issue. Green had the opportunity to            
        respond when opposing Wang's preliminary motion. We simply                  
         resolved the issue raised in Wang's motion while giving full               
        consideration to the points made and evidence submitted by both             
        parties.                                                                    
             We note, that Green has already filed a responsive                     
        preliminary motion 4 in which Green proposed to change the term             
        "end effector" for holding a surgical instrument to an "outer               

         operating end" for holding a surgical instrument. That                     
         preliminary motion was denied (Paper 76 at 20).                            
             Having considered Green's arguments in its request for                 
         reconsideration, we conclude that Green has failed to demonstrate          
         that we misapprehended or overlooked any fact or argument first            
         presented prior to the filing of the request for reconsideration.          
             The decision on preliminary motions (Paper 76) has been                
         reconsidered to the extent necessary to provide the discussion             
         here. No change in the decision will be made. Green's request              
         for reconsideration is denied.                                             
             .Since Green lacks.standing to continue in this interference           
         (Paper 76 at 21-28), judgment is entered against Green.                    
             Upon consideration of the record, it is                                
             ORDERED that Green's request for reconsideration is denied.            




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