Interference No. 103,146
witness is needed to authenticate a document in an
interference or otherwise. In this instance, where the
witness Barker is the originator of the
documents, the authentication is by direct proof that the
exhibits are what Barker claims they are--his invention
reports and other memoranda. The exhibits will be considered
below.
Turning to BX-118, the pages of the exhibit that
were originally prepared by Barker are not inadmissible for
lack of authentication. Barker is certainly a witness with
knowledge that a matter is what it is claimed to be, since he
prepared these pages. It is immaterial that Barker did not
know Edgell or that Edgell assembled the separate pages
together as a unit after Barker had originally created them
separately. As to hearsay, the document is not hearsay to the
extent it is relied upon to show conception as of the date the
document was created by Barker. However, since it
intrinsically asserts a conception date of October 1981, the
document is hearsay with respect to that asserted October
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