Interference No. 104,646 Paper`139
SK13 (Johnson) v. Rasmusson, now Rasmusson v. SKB Page 2
A. Conference calls
Two telephone conference calls have been held as a result of the ORDER TO
SHOW CAUSE ("O.C.," Paper 138) which issued September 24, 2003.
1 . September 30, 2003
A first telephone conference was held on September 30, 2003 at approximately
1:50 p.m., involving:
1 . Richard E. Schafer and Carol A. Spiegel, Administrative Patent Judges.
2. Herbert H. Mintz, Esq. and Lara C. Kelley, Esq., counsel for SMITHKLINE
BEECHAM CORPORATION (SKB).
3. Daniel S. Glueck, Esq., counsel for RASMUSSON.
The primary purpose of the conference call was to discuss Rasmusson's position
vis-a-vis the O.C. (Paper 138). Rasmusson has had the opportunity to and did (a) file
preliminary and miscellaneous motions, (b) take testimony in regard thereto, (c) have a
hearing on said motions and (d) receive a MEMORANDUM OPINION and ORDER
("Decision," Paper 122) thereon. Rasmusson also had the opportunity to and did (d)
request reconsideration of the Order and (e) receive a decision thereon (see DECISION
ON RECONSIDERATION and ERRATA (Papers 135 and 136). As confirmed by Mr.
Glueck, Rasmusson has chosen not to assert a priority contest. When asked if there
was any othe matter necessary to decide before proceeding to final judgment, Mr.
Glueck replied that Rasmusson could not think of anything else but requested until
12:00 p.m. on October 3, 2003 to bring any unresolved matter to the Board's attention.'
In short, there appeared to be no reason to continue the interference proceeding
since Rasmusson has chosen not to present evidence on the issue of priority or
derivation and Rasmusson has already taken testimony and had a hearing on motions
and has received both a decision on motions and a reconsideration thereof by a three
According to the O.C. (Paper 138, p. 2), Rasmusson was ordered to "notify the Board of any
other matter necessary to resolve the interference within ten (10) days of the filing of this order by filing a
brief for final hearing in accordance with 37 CFR § 1.656" and to make "any request for a final hearing ...
within ten (10) days of the filing of this order.
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