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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