As a result of the sanction imposed on the junior party Kirby, Kirby is precluded from
filing any papers in interferences 105,311 and 105,312 (Paper 4).
Since Kirby is precluded from filing any papers in the interferences, including a priority
statement, judgment is entered against Kirby in both interferences. Bd.R. 204(3).
A party dissatisfied with a judgment may file a request for rehearing. Bd.R. 127(d). If
Kirby files a request for rehearing, the following papers must simultaneously be filed with the
request:
(1) Notice of lead and backup counsel (Bd.R. 108(b))
(2) A clean copy of claims (Bd.R. 110(a))
(3) Notice of real party-in-interest (SO ¶ 3.1)
(4) Notice of related proceedings (SO ¶ 3.2)
(5) A request for file copies (SO ¶ 11)
(6) An annotated copy of claims (Bd.R. 110(b))
Boffito may, within 5 days of the date of a Kirby request for rehearing, file a response.
Boffito must simultaneously file papers enumerated as (1)-(6) immediately above with its
response.
Upon consideration of any request for rehearing filed by the party Kirby, the board may
determine to vacate judgment and continue the interference. The parties should be prepared to
move forward with the interference in an expeditious manner. Note, that in the event that the
interferences 105,311 and 105,312 continue, the default time period 8 of 28 February 2006
(attached to Paper 1) will be set as the final time for taking action, and the parties will not be
permitted to extend such time.
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Last modified: November 3, 2007