Patent Interference No. 103,892 Page 4
I. PRELIMINARY REMARKS
The parties (paper no. 82) have agreed that:
1. the following motions remain outstanding:
a. Joint Motion No. 1 under 37 CFR § 1.633(c)(1) to substitute a count (paper no.
22);
b. Senior Party Grundmann’s Preliminary Motion No. 1 under 37 CFR § 1.633(f) for
benefit of the filing date of a German priority application (paper no. 21); and,
c. Senior Party Grundmann’s Motion under 37 CFR § 1.635 to suppress evidence
(paper no. 40) and related thereto:
i. Junior Party Davie’s belated Motion under 37 CFR §§ 1.635 and 1.645(b)
for extension of time to file an opposition (paper no. 43); and,
ii. Junior Party Davie’s Motion to Strike (paper no. 66);
d. Junior Party Davie’s motion under 37 CFR §§ 1.628 and 1.635 to amend its
preliminary statement (paper no. 55);
e. Junior Party Davie’s motion under 37 CFR § 1.635 to reform the interference
(paper no. 56);
f. Junior Party Davie’s motion under 37 CFR §§ 1.48(b) and 1.634 to amend its
interfering application 08/175,717 to correct inventorship (paper no. 57); and,
2. all motions were deferred for final decision to final hearing (see “Proposed Joint
Schedule”, paper no. 23).
Consistent with Item 2. supra, the interference proceeding was advanced to final
hearing. 37 CFR § 1.654. This is the final decision resolving all the issues raised at final
hearing. 37 CFR § 1.658. The issues to be resolved are raised in the parties’ briefs. 37
CFR § 1.656. These include the outstanding motions listed in Item 1. supra as well as
the issue of priority. Matters not raised in a party’s brief are regarded as abandoned.
Photis v. Lunkenheimer, 225 USPQ 948 (Bd. Pat. Int. 1984); Gosteli v. McCombie, 230
USPQ 205 (Bd. Pat. App. & Int. 1986).
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