PATENT INTERFERENCES NO. 102,922 & 103,088 DUMAS V. GILL - Page 13




          Interference No. 102,922                                                    
          Interference No. 103,088                                                    
          admissibility. Salem v. Bendell, 217 USPQ 920, 924 (Bd. Pat.                
          Int. 1983); Hollis v. De Petris, 201 USPQ 871, 873 (Bd. Pat.                
          Int. 1977).  Evidence is not ordinarily stricken for                        
          irrelevance or questions of reliability;  those go to the                   
          weight rather than admissibility.  Suh v. Hoefle, 23 USPQ2d                 
          1321, 1329 (Bd. Pat. App. & Int. 1991);  Halbert v. Schuurs,                
          220 USPQ 558, 561 (Bd. Pat. Int. 1983).                                     
               As to (4), the motion is dismissed.  37 CFR § 1.685(d).                
          Regarding the testimony of Techentin and the formula of the                 
          count, Gill did not point to any objection in the record and                
          the Board can find neither an objection specific to this                    
          testimony nor a specific ground of objection with respect to                
          the formula.  See DR 299-302.                                               





               A review of the record (DR 303, 306-307, 310 and 311)                  
          indicates that Gill later voiced objections during Techentin’s              
          testimony as to three unmarked documents.  To wit, that Dumas               
          was “trying to get a document into the record when you know                 
          our position on late-marked documents.”                                     
               Even assuming arguendo that these later objections, by                 
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