Interference No. 102,572
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Carter, Ph.D (Carter) , Michael B. Mumford (Mumford), L. Jeanne Perry (Perry), Michael
W. Rey (Rey), all employees of Genentech and John E. Shively, Ph.D., (Shively), an
employee of City of Hope. Boss et al. did not cross examine any of the witnesses.
Both parties filed briefs and appeared through counsel at final hearing.
I.
Cabilly et al. motion to correct the record
With their reply brief, Cabilly et al. filed a motion to have entered into the record
certain pages which were referred to and relied upon in various declarations but were
omitted from the record when it was filed and served upon Boss et al. The omission was
first realized when Boss et al. noted, in their brief, that the pages were not in the Cabilly et
al. record.
The motion is granted. In view of the fact that Cabilly et al. referred to CX-8, pages
224-231 in the Wetzel and Perry declarations and CX-20, page 993 in the declaration, we
find the failure to file these pages with their respective exhibits an oversight on the part of
Cabilly et al.
5The Carter testimony was submitted in response to the Boss et al.
motion for judgment; as noted the motion is not being reviewed at final hearing and thus
the Carter testimony is not relevant to the issues before us and has not
been considered in rendering this decision.
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