Interference No. 102,668
(4) "Inventor Cavanagh, III, was an employee of
Hazeltine located at the Massachusetts facilities at
the time of the invention." (Ibid.)
(5) "All of the witnesses were also Hazeltine
employees at the Massachusetts facilities." (Ibid.)
(6) "Inventor Cavanagh, III's invention was
conceived while he was employed by Hazeltine at the
EASL facilities. Laboratory Notebook of Inventor
Cavanagh, III was signed and dated at the Hazeltine
facilities in Braintree, Massachusetts and signed
and dated by other Hazeltine employees and routinely
kept." (Ibid.)
Cavanagh opposes the motion to strike on procedural
and substantive grounds, the procedural ground being that it
fails to include a § 1.637(b) certificate of prior
consultation with opposing counsel, as is required of all §
1.635 motions except motions to suppress evidence (see §
1.656(h)). McMahon responds (1) that a § 1.637(b) certificate
was not required, as the motion is in the nature of a motion
to suppress, which does not require a certificate, and
(2) that even assuming a § 1.637(b) certificate was required,
its omission was harmless error because the motion clearly
could not have been resolved by agreement. We do not agree
with either argument and accordingly are dismissing the motion
for failing to include the certificate.
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