CABILLY et al. V. BOSS et al. - Page 29




             Interference No. 102,572                                                                                

             notebooks.   Our review of CX-11 shows it to be a notebook No. 1446 issued to Holmes                    
             consisting of unwitnessed pages with mostly illegible handwritten entries, abbreviations                
             and acronyms, along with a number of attachments.   Our review of CX-12 and CX-13                       
             shows them to consist of spiral bound notebooks containing a series of pages of mostly                  
             illegible handwritten entries containing deletions, abbreviations and acronyms, and with a              
             number of attachments.  The pages are unsigned and unwitnessed.  The dates that do                      
             appear on various pages of CX-12 are not in chronological order.   CX-11, 12 and 13 are                 
             non-probative.                                                                                          
                    CX-6 is identified by Wetzel as one of three notebooks (CX-6, CX-8 and CX-9) that                
             he reviewed in reconstructing the work he and Perry did on this project.  Our review of the             
             CX-6 shows it to be a notebook issued to Wetzel, and consists of handwritten entries,                   
             mostly illegible, unsigned, unwitnessed and undated except for Bate page Nos. 64 and 87.                
             CX-2 is identified by Riggs as a proposal he wrote.  CX-2 and CX-6 have been identified                 
             as to author.  However, questions as to content and date as well as corroboration remain.               
                    Both Perry and Rey indicate that it was their practice to date their notebooks and               
             then parenthetically refer to CX-8 and CX-15, respectively.  Perry does not identify CX-9               
             as her notebook.  Mumford testifies that he or someone under his supervision recorded                   
             receipt of cultures and fermentations of the same into CX-17 and CX-18.  Even assuming                  
             arguendo that CX’s-8, 9, 15, 17 and 18 have been adequately identified as the                           
             corroborator’s notebooks, the issue of whether these exhibits have been adequately                      


                                                         29                                                          





Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next 

Last modified: November 3, 2007