PATENT INTERFERENCES NO. 102,922 & 103,088 DUMAS V. GILL - Page 7




          Interference No. 102,922                                                    
          Interference No. 103,088                                                    









          In addition, the following pending motions are presented for                
          our                                                                         
          consideration:                                                              

               5.  The Dumas 37 CFR § 1.635 motion requesting                         
               consideration of Dumas Exhibits, DX 15-21.                             
               6.  The Gill motion to suppress.                                       
               7.  In ‘088, Gill motion to strike Dumas’brief and Dumas               
               motion to file a substitute brief.                                     
                                          I.                                          

          Preliminary matter                                                          
               Initially, we note that even before Gill filed his                     
          testimony, Dumas filed a motion to strike [sic: suppress] the               
          testimony of Dr. Scott (Paper Nos. 77 (‘922) and 62 (‘088)).                
          Gill offered the Scott testimony to show no reduction to                    
          practice by Dumas.  Since, we do not reach issue 2 (above) in               
          this decision, the Dumas motion is dismissed as moot.  Had we               
          reached that issue, the Dumas motion would also have been                   

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