Interference No. 104,403
(Paper No. 111) which was decided by a panel of this board. As the
decision to deny Motion No. 4 was decided by a panel of the board, it
governs further proceedings on this issue. (See Standing Order
paragraph 20,1). Therefore, any consideration of the matter at
this time is limited to a reconsideration of the original board panel
decision. (See Standing Order paragraph 20.1 and 20.2.1).
A motion for reconsideration must specify with particularity the
points believed to have been misapprehended or overlooked by the
board panel in rendering its decision. 37 CFR 1.658(b); Standing Order
paragraph 20.2.2.
Magee’s Miscellaneous Motion 8 does not address any points in
the Decision on Preliminary Motions as it was directed to Magee Motion
No. 4 which the senior party believes was misapprehended or
overlooked by the board panel. Rather, Magee Miscellaneous Motion
8 directs our attention to additional evidence that has been submitted in
the priority phase of this interference. We decline to consider this
additional evidence.
A party who files a preliminary motion may request testimony by
way of a miscellaneous motion pursuant to CFR §1.635 if such is
necessary to meet its burden. (See Standing Order paragraph 13.4.3).
As such, the senior party had an opportunity to take testimony prior to
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