Interference No. 103,146
date. In summary, the cover sheet prepared and signed by
Edgell is suppressed on authentication and hearsay grounds.
The balance of the document is not suppressed on
authentication or hearsay grounds to the extent that it
provides evidence of what was conceived as per Barker’s
testimony at least as to the date the sketch, page 000068, was
prepared, i.e., December 8, 1981, but is suppressed on hearsay
grounds to the extent that it is said to offer evidence of
conception as of October 1981. The same result obtains with
respect to the suppression of BX-122.
With respect to BX-119, this is a series of progress
reports which Barker testified that he authored. Since these
reports were authored by Barker, his testimony can
authenticate them. These reports will not be suppressed for
lack of authentication.
With respect to the BX-120, Barker provides
authentication. With respect to the date of the document,
this uncertainty goes to the weight to be accorded the
document not whether it can be admitted at all.
With respect to BX-121, this document is suppressed
for the reasons given by the senior party. Barker is unable
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