Interference No. 103,613
Martha Wild, Declaration of Janis McMillen and an article by Zelnik et al., all
having been previously submitted by Cochran as attachments to its response
(Paper No. 38) filed November 24, 1998 to the Order to Show Cause of October
30, 1998.
Sondermeijer's motion to suppress is hereby Granted. In an Order dated
December 3, 1998 (Paper No. 39), the APJ gave numerous reasons for refusing to
consider the disputed documents; among those reasons being: (a) a failure to
file a proper § 1.635 motion to take additional testimony in compliance with
the requirements of 37 CFR § 1.637(b); (b) a failure to show good cause why the
requested testimony could not have been timely and appropriately presented
along with Cochran's opposition to motion 4; and (c) a failure to adequately
address the issue of whether new arguments and evidence presented by
Sondermeijer by way of reply to Cochran's opposition to motion 4 were
appropriate as being directed to new points raised in the Cochran opposition.
It is our opinion that each of these reasons provides a sound and valid basis
for refusing to consider the disputed documents, and Cochran has failed to
convince us otherwise.
Accordingly, we agree with the APJ that the documents presented by Cochran
for the first time in response to the Order to Show Cause were manifestly
belated and, thus, not entitled to
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