Ex Parte Johnson - Page 3





               Interference No. 104,646 Paper139                                                                          
               SKB (Johnson) v. Rasmusson, now Rasmusson v. SKB Page 3                                                    
               judge panel. It was proposed that the O.C. be vacated, that the Decision and the                           
               Decision on Reconsideration be merged into a final judgment and that the hearing on                        
               motions be deemed to be a final hearing for purposes of this interference proceeding.                      
               It was agreed that a final judgment would issue on October 3, 2003 unless Rasmusson                        
               brought any other unresolved matter to the Board's attention via a conference call                         
               before 12:00 p.m. on October 3, 2003.                                                                      

                             2. October 3, 2003                                                                           
                     A second telephone conference call was held on October 3, 2003 at                                    
               approximately 11:00 a.m., involving:                                                                       
                     1 . Carol A. Spiegel, Administrative Patent Judge.                                                   
                     2. Herbert H. Mintz, Esq. and Lara C. Kelley, Esq., counsel for SKB.                                 
                     3. Robert L. Baechtold, Esq. and Daniel S. Glueck, Esq., counsel for                                 
                             Rasmusson. Mr. Haiyan Chen was also present for Rasmusson.                                   
                     According to Mr. Glueck, the aforementioned proposal was unacceptable to                             
               Rasmusson because it felt required to file a final brief and request a final hearing in                    
               order to have a "final" decision from the Board for purposes of appeal. Rasmusson                          
               stated that it would brief and argue the same issues it had raised in RASMUSSON                            
               REQUEST FOR RECONSIDERATION (Paper 127) for "final hearing," in particular the                             
               granting of SKB preliminary motion 3 which stripped Rasmusson of the priority benefit                      
               of its eight earlier filed applications. In other words, as pointed out by Mr. Mintz, no new               
               issues or arguments would be briefed and argued that had not already been briefed                          
               and argued. SKB wondered what justification there was for expending any additional                         
               time, effort and money on what has already been decided ("heard") and reconsidered                         
               ("reheard"). Neither Rasmusson nor SKB took any position as to priority. The sole                          
               concern was whether any judgment which issued after vacating the O.C. could be                             
               considered a "final" judgment.                                                                             










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