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
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