Interference No. 102,922
Interference No. 103,088
in relying upon these exhibits served during the Dumas
testimony period prior to
the taking of any deposition testimony with respect thereto.
The record clearly shows that while these exhibits were not
provided
to Gill as part of Dumas' 37 CFR § 1.673(b) list prior to the
start of deposition testimony, these exhibits were provided to
Gill prior to the taking of deposition testimony with respect
to
them.
Gill in opposing the motion, argues that the delay in his
receiving the exhibits did not allow him adequate time to
prepare for cross-examination of the witnesses or to consult
his experts. However, the only objection in the record raised
by Gill was that these documents were late-marked and not part
of the 37 CFR § 1.673(b) notice. Gill did not voice any
objection on the record that he did not have adequate time nor
did he request additional time to prepare for cross-
examination and to consult with his experts with respect to
DXs 17 through 21. Accordingly, Gill's opposition is without
merit.
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