Interference No. 103,345
The only issues before us are priority and the
admissibility of some of Staples's priority evidence.
Roberge's motion to suppress
Roberge has moved to suppress the initial affidavits
by Jeffrey and Durenda Staples, exhibits A-D and F, and the
models discussed in Jeffrey Staples's supplemental affidavit.
By way of background, during his testimony-in-chief
period the party Staples filed affidavits under § 1.672(b) by3
Jeffrey Staples, Durenda Staples, Howard Lambert, and Jim
Smith, referencing Staples exhibits A-H. Exhibits B, C, D,4
and F are photographs of what are identified as first, second,
third, and fourth prototypes of the invention. Pursuant to §
1.672(c), Roberge objected to the affidavits by Jeffrey and5
Durenda Staples and exhibits A-D, F, and G for failing to
As used in the interference rules, the term "affidavit"3
refers to an affidavit or a declaration. 37 CFR § 1.601(b).
Paper No. 31, filed November 10, 1995.4
Paper No. 22, filed December 1, 1995.5
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