Interference No. 103,345
supplemental affidavits by Jeffrey Staples and Hetrick, and
exhibits H to K.
Roberge's motion seeks to suppress or exclude from
consideration the initial affidavits by Jeffrey and Durenda
Staples and exhibits A-D and F on the ground that none of this
evidence is included in the Staples record. Staples
effectively concedes this point by not addressing it in his
opposition. Thus, to the extent the motion concerns this11
evidence, it is dismissed as moot because that evidence is not
part of either party's record and is therefore entitled to no
consideration for that reason alone.
Roberge's motion (at 3) also "requests the
suppression or exclusion of the models mentioned in [Jeffrey
Staples's] Supplemental Declaration at SR-5, 6, ¶¶ 3, 6 and 7
and allegedly constructed in view of the failure of the
Supplemental Declaration to comply with the provisions of 37
C.F.R. § 1.671(f) with respect to these models." As Staples's
record includes neither the models nor the photographs
thereof, the motion is dismissed as moot to the extent it
seeks to suppress this evidence. However, Roberge's argument
Paper No. 30.11
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