CAVANAGH V. MCMAHON et al. - Page 6




          Interference No. 102,668                                                    


                    In connection with this final hearing, both parties               
          filed records and briefs  addressing priority and the12                                                  
          foregoing patentability issue.  McMahon has moved to strike                 
          parts of Cavanagh's reply brief and Cavanagh has moved to                   
          suppress much of the evidence on which McMahon relies to prove              
          what was disclosed at the Miami meeting.  Appearance at oral                
          hearing was waived by both parties.13                                       
             McMahon's motion to strike parts of Cavanagh's reply brief               
                    This motion seeks to strike a copy of a previously                
          filed amendment that accompanied Cavanagh's reply brief and a               
          number of factual allegations in the reply brief.  The                      
          amendment in question was initially filed in Cavanagh's                     
          involved application  along with a number of § 1.608(b)14                                                      
          affidavits in order to provoke this interference.  Cavanagh                 
          supplied a copy of this amendment with his reply brief in                   
          response to McMahon's argument (Br. at 19) that Cavanagh's                  
          affidavit is incomplete to the extent he claims he "invented                

            Cavanagh's opening and reply briefs are identified as12                                                                     
          "Open. Br." and "Reply Br.").  McMahon's brief is identified as             
          "Br."                                                                       
            Paper No. 101.13                                                                     
            Application paper No. 6, received September 28, 1990.14                                                                     
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