Interference No. 101,981
OTHER MOTIONS TO EXCLUDE OR SUPPRESS EVIDENCE
Motion BeM1
Beyers move (paper no. 220(1)) under 37 C.F.R. §§ 1.635 and
1.656(h) to suppress evidence by Qadri - Exhibits Q-1 through Q-
64 and Q-66 through Q-113. Beyers argue that these exhibits are
incompetent, never offered into evidence, and most importantly
are offered during cross-examination for the sole purpose of
testing the adequacy of Beyers patent application:
The party Beyers hereby objects to all such testimony, to
all such exhibits, to all such samples and to all work
performed on such samples, on the ground that it is all
prohibited by 37 CFR 1.655(b). (See also Qadri p. 708). None
of this testimony, nor any of the exhibits, in any way deals
with a matter brought up by a preliminary motion under 37
CFR 1.633 or 1.634. It should all be suppressed.
Qadri filed an opposition (paper no. 239), with a letter (paper
no. 231) correcting an error in the opposition. Beyers did not
file a reply.
Beyers motion against Qadri to suppress evidence urges that
Qadri exhibits Q-1 through Q-64 and Q-66 through Q-113 have not
been offered into evidence and should therefore be suppressed.
The motion is dismissed because we have not had need to refer to
these exhibits in reaching our decision. Under other
circumstances, the motion would have been denied to the extent
that it is based on the contention that the exhibits have not
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