CHENEVEY et al. V. BAARS et al. - Page 36




             Interference No. 103,169                                                                          


             therefore, are entitled to no weight.                                                             
                   The Chenevey et al. brief (CB 10 and 11) refers to “related testimony.”  However,           
             such a broad reference to general testimony does not satisfy the requirement of 37 C.F.R.         
             § 1.656(b) as to briefs (see footnote 15, supra).  It is not incumbent upon the Board to          
             search the record for the testimony alluded to in the brief.                                      
                   Since Chenevey et al. have not established an actual reduction to practice of the           
             subject matter of the count, the issue of abandonment, suppression and concealment is             
             deemed moot.                                                                                      
                                                      VI.                                                      
                   Since Chenevey et al. have not established derivation or an earlier reduction to            
             practice, the issue of whether the Chenevey et al. record has removed the Harvey                  
             reference is deemed moot.                                                                         

















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