MORRISON et al. V. MANNHEIMER et al. - Page 28




          Interference No. 103,197                                                      


          (1968) (alleged lack of support for limitation in count 4 was                 
          not raised by a motion and the therefore is not entitled to                   
          consideration)).  Also compare Koch v. Lieber, 141 F.2d 518,                  
          520, 61 USPQ 127, 129 (CCPA 1944) (board need not consider new                
          arguments at final hearing in support of motion to dissolve).                 
               Furthermore, a motion to suppress is an inappropriate                    
          vehicle for challenging the corrected preliminary statement                   
          because motions to suppress concern the admissibility of                      
          evidence and a preliminary statement is not evidence.  See                    
          § 1.629(e) ("A preliminary statement shall not be used as                     
          evidence on behalf of the party filing the statement.").                      
          E.  Buschmann’s motion to suppress Morrison's priority                        
          evidence                                                                      
               For the following reasons, Buschmann’s motion to suppress                
          Morrison's priority evidence is dismissed or denied in all                    
          respects.                                                                     
               1.  The November 24, 1987, drawing (MX  42)43                                
               Buschmann’s contention that the November 24, 1987,                       
          drawing is inadmissible is unconvincing for the reasons given                 
          above.                                                                        


            Morrison Exhibit.43                                                                       
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