Interference No. 103,208
Hoshino et al. v. Tanaka
correspond to a proposed new count can be ascertained by
reference to pages 1 and 2 of Hoshino’s Motion H2 (Paper No.
14) and page 49 of
Hoshino's brief. A copy of Hoshino’s Motion H2 and the APJ’s
decision on preliminary motions is enclosed.
Tanaka’s Motion to Suppress
Tanaka filed a paper (Paper No. 96) captioned "Motion to
Suppress" requesting the Board to rule that the second Utagawa
declaration filed with Hoshino’s reply to Tanaka’s opposition
to Hoshino’s Motion H2, together with its Exhibits G, H, and
I, "are inadmissible on the ground that they are untimely for
introducing new evidence and argument at the reply stage."
Alternatively, Tanaka requests that paragraphs 5-14, 16, 17,
and 19 of the second Utagawa declaration and Hoshino’s
exhibits G, H, and I should be suppressed and not considered
by the Board.
Because we have sustained the APJ’s decision on Hoshino’s
Motion H2 based on Hoshino’s lack of showing of a prima facie
basis for relief in the motion itself, without regard to new
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