Interference No. 103,197
the motion, the corrected preliminary statement, citing this
exhibit, also gives November 24, 1987, rather than March 15,
1988, as the date of the first written description of the
invention. Neither Buschmann nor Mannheimer filed an
opposition to the motion. However, Buschmann now argues in
his motion to suppress (at 1) that "Morrison has not given40
any reason in law or equity which would support the entry over
two years after declaration of the interference of a Corrected
Preliminary Statement with a new first drawing, date of first
drawing, first written description, and date of first written
description." As Morrison correctly notes in his opposition41
to the motion to suppress, his motion for leave to file the
corrected preliminary statement is actually moot, because he
has no need to rely on the earlier date alleged therein, for
the March 15, 1988, date given in his original preliminary
statement for the first drawing and the first written
description precedes Buschmann’s March 24, 1988, German
Paper No. 154, filed October 3, 1996.40
Paper No. 159.41
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