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Both parties requested oral argument in this interference. (See Papers 877
and 881.) Previously, the parties requested and received authorization to file
certain motions regarding issues that will impact a priority contest, should one be
necessary. (See Papers 33 and 42.) The parties now request authorization to
that motion. See 37 C.F.R. 41.121(b) and 208(b). Thus, the written motions
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serves as means for the Board to question the parties on issues presented in their
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briefs and for the parties to summarize their arguments and the supporting
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evidence. Neither the oral argument nor demonstrative exhibits used during the
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oral argument will fulfill the requirement that each party must meet its burden in
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It is Ordered that the parties requests for oral argument are GRANTED.
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this proceeding.
motions. Each party will have 20 minutes for argument, with the option of
Junior Party will present their arguments first, followed by Senior Party.
Any demonstrative exhibits must be served at least five business days before
the oral argument and e-mailed to the Board at Trials@uspto.gov. The parties
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shall not file their demonstrative exhibits in the record of the proceedings without
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prior authorization from the Board. Each party shall provide a hard copy of their
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demonstratives to each administrative patent judge and to the court reporter at the
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oral argument. The Board will provide a court reporter for the oral argument.
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(other than possible admissions). The demonstratives may not introduce new
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the request is not timely received, equipment may not be available. The parties are
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reminded that the presenter must identify clearly and specifically each
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demonstrative exhibit (e.g., by slide or screen number) referenced during the oral
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cc (via e-mail):
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