No. 03-1339. DECIDED: March 24, 2004. Appeal from the United States District Court for the Eastern District of Virginia, 246 F.Supp.2d 460, Leonie M. Brinkema, J. Christopher N. Sipes, Covington Burling, of Washington, DC, argued for plaintiff-appellant. Linda Moncys Isacson, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendants-appellees. With her on the brief were John M. Whealan, Solicitor; and Raymond T. Chen, Associate
(a)Order of consideration. The Board may take up petitions or motions for decisions in any order, may grant, deny, or dismiss any petition or motion, and may enter any appropriate order. (b)Interlocutory decisions. A decision on a motion without a judgment is not final for the purposes of judicial review. If a decision is not a panel decision, the party may request that a panel rehear the decision. When rehearing a non-panel decision, a panel will review the decision for an abuse of discretion. A