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PATENT INTERFERENCES NO. 102,922 & 103,088 DUMAS V. GILL - Page 12
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Board of Patent Appeals and Interferences > 1997 > PATENT INTERFERENCES NO. 102,922 & 103,088 DUMAS V. GILL - Page 12
Interference No. 102,922
Interference No. 103,088
formulation should be stricken because it was based on an
unmarked document.
As to (1) and (2)(b) and (c), the motion to suppress is
dismissed for failure to comply with 37 CFR § 1.685(d). 37
CFR § 1.685(d) states that “an objection to ...admissibility
of evidence is waived unless an objection is made on the
record at
the deposition stating the specific ground of objection.”
While
Gill placed an objection on the record with respect to DX 15-
21 as not complying with 37 CFR § 1.673(b), Gill failed to
place any objection on the record with respect to DXs 4-7, 9
and 17-20 for the reasons now alleged.
As to (2)(a) and (3), the motion is denied. DX 22 was
submitted by Dumas as part of his 37 CFR § 1.682 notice. Gill
filed an objection to DX 22 urging that the document should
not be admitted because it was incomplete and irrelevant.
Gill's
argument as to adequacy of the evidence goes to weight and not
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Last modified: November 3, 2007
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