Interference No. 104,646 Paper139
SK13 (Johnson) v. Rasmusson, now Rasmusson v. SKB Page 7
presented the Board with the chance to discover and correct its own errors. Finally,
there is no apparent denial of due process since all issues fairly presented and fully
briefed have been decided by a three judge panel after oral hearing on the merits
followed by reconsideration of the initial decision.
3. this action is without prejudice to either party requesting a final
hearing in the event of remand or reversal by our reviewing court
In the event that a reviewing court reverses and/or remands the merger of our
decision on motions and reconsideration thereof into a final action, the parties will not
be deemed to have waived their right to a final hearing in accordance with 37 CFR
§§ 1.654-1.656. Further, insofar as SKB has taken no position on priority, SKB is
deemed not to have waived its right to testimony on the issue of priority.
C. Order
Therefore, in order to secure the just, speedy and inexpensive determination of
interference, it is
ORDERED that the ORDER TO SHOW CAUSE issued September 24, 2003
(Paper 138) is vacated.
FURTHER ORDERED that all of the initial decisions on motions, i.e.,
MEMORANDUM OPINION and ORDER (Papers 29,60, 100 and 122), DECISION ON
RECONSIDERATION (Paper 135) and ERRATA (Paper 136) are merged into this
FINAL JUDGMENT.
FURTHER ORDERED that judgment on priority as to Count 2, the sole count in
the interference (Paper 123), is awarded against junior party Rasmusson, i.e., GARY H.
RASMUSSON and GLENN F. REYNOLDS.
FURTHER ORDERED that junior party Rasmusson, i.e., GARY H.
RASMUSSON and GLENN F. REYNOLDS, is not entitled to a patent containing claims
1-8 (corresponding to Count 2) of application 08/460,296, filed June 2, 1995.
FURTHER ORDERED that a copy of this paper shall be made of record in the
files of Rasmusson application 08/460,296, of SKB reissue applications 09/964,383 and
09/984,083 and U.S. Patents 5,637,310 and 5,496,556 issued to SKB.
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