Interference No. 102,922
Interference No. 103,088
IV.
Item 6: Gill motion to suppress evidence
Pursuant to 37 CFR § 1.656(h), Gill filed a motion to
suppress (Paper No. 92 in '922 and No. 78 in '088). The
motion stands opposed (Paper No. 94 in '922 and No. 86 in
'088). A reply was filed (Paper No. 96 in '922 and No. 89 in
'088).
In the motion, Gill requested that Dumas Exhibits, DX 4-
6, 17-20, and 22, the data in DX 7 and 9, and the related
testimony
including the testimony of Mr. Techentin relating to the AKD
formulation be stricken or denied consideration.
More specifically, Gill urges that (1) DX 4-6 and 17-20
should not be considered because they do not comply with the
best evidence rule; (2) the sizing data of DX 7 and 9 and
related testimony should be stricken because of (a)
questionable reliability, (b) hearsay and because (c) the
original data on which the summary data was based was
destroyed under circumstances suggesting bad faith; (3) DX 22
should be stricken because it is incomplete and irrelevant;
and (4) the testimony of Mr. Techentin relating to the AKD
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