Interference 105,158 (JTM) May 19, 2004
Paper 28
A telephone conference call was held on May 18, 2004 at approximately 1:00
p.m., involving:
1. James T. Moore, Administrative Patent Judge
2. John Kilyk Jr. Esq., counsel for Michaluk
3. Daniel S. Glueck, Esq., counsel for Turner
The principal purpose of the conference call was to discuss Turner’s lack of filed
preliminary motions or a preliminary statement at the end of time period 1.
Turner stated that the filing of no preliminary motions or preliminary statement
was intentional.
Michaluk requested that the APJ issue an order to show cause why judgment
should not be entered against Turner.
B. Discussion
37 CFR § 1.601 provides that the interference rules shall be construed to “secure
the just, speedy, and inexpensive determination of every interference.” 37 CFR
§ 1.629(c)(1) provides that a party who does not file a preliminary statement shall be
restricted to the party’s effective filing date.
Turner is the junior party, accorded benefit of its application filing date of
February 2, 2000 (Paper 1, page 3).
Michaluk is the senior party, accorded benefit of Application 09/199,569, filed
2
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007