MAIL STOP INTERFERENCE Paper 57 ALEXANDRIA VA 22313-1450 703-308-9797 UNITED STATES PATENT AND TRADEMARK OFFICE 703-305-0942 (fax) BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES Interference No. 104,792 SONORAN DESERT CHEMICALS LLC (5,532,215), Junior Party, v. STEPHEN EISENBERG, SHARON M. WAHL, and ROBERT C. THOMPSON (08/485,438), Senior Party. Before TORCZON, LANE, and NAGUMO, Administrative Patent Judges. JUDGMENT (PURSUANT TO 37 CFR § 1.662(a)) INTRODUCTION On 19 May 2003 at about 2 p.m. (Eastern), the parties initiated a telephone conference involving John Lezdey for Sonoran Desert Chemicals LLC (SDC), Paul Barker and Robert Sharp for Eisenberg, and Richard Torczon for the Board of Patent Appeals and Interferences. The parties were required to have settled the case or to have filed preliminary statements by the close of business on 19 May 2003. Mr. Lezdey indicated that collateral litigation bars him from taking further action in this interference. The parties indicated that neither side would be filing a preliminary statement. Failure of a junior party to file a timely preliminary statement ordinarily results in the issuance of an order to show cause against the junior party. In the present circumstances, there would be noPage: 1 2 3 4 NextLast modified: November 3, 2007