Interference No. 103,197
explain why, these objections were not overcome by the
witnesses’ supplemental declaration testimony, which was46
filed in response to Buschmann’s written objections under47
§ 1.672(c) to the initial declaration testimony.48
3. MX 42-44, 75, and 173, 174, and 175 [sic, 176]
Buschmann objects to the notebook entries identified as
MX 42-44 on the ground that they were allegedly made prior to
the March 15, 1988, date given for the first drawing in
Morrison’s original preliminary statement. This objection
fails for the reasons given above with respect to the
testimony about MX 42. The motion is therefore denied as to
these exhibits.
Buschmann objects on two grounds to MX 75, 173, 174, and
175 [sic, 176], which are ex parte declarations by Dr. Yue,
Dr. Morrison, Maggie Taylor, and Scott P. Moen filed in
Morrison’s involved application Serial No. 07/875,530. The
first ground is "hearsay," which fails for lack of compliance
Paper No. 112. This testimony appears in the Morrison46
Record at MR 154-95.
Paper No. 100.47
Paper No. 97.48
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