Interference No. 102,668 McMahon contends Cavanagh failed to comply with paragraph (b) of Rule 201 of the Federal Rules of Evidence ("Judicial Notice of Adjudicative Facts"), which as applied to interferences by 37 CFR § 1.671(c) requires that the asserted fact be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the [Board] or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. In arguing that the geographical facts in question are not "capable of accurate and ready determination by resort to any specified sources" (our emphasis), McMahon is apparently22 relying on paragraph (d) of the rule, which reads: "When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information." Assuming for the sake of argument that Cavanagh's failure to submit proof of the geographical facts in question violates this provision, we are taking notice of these sua sponte pursuant to paragraph (c) of the rule, which reads: "(c) When discretionary. A court may take judicial notice, whether requested or not." Reply for Motion to Strike at 3.22 - 20 -Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 3, 2007