Interference 102,760
to suppress are dismissed as moot, since the evidence in
toto is insufficient to demonstrate unpatentability.
On August 4, 1994, Dement et al. also filed a Motion To
Suppress Cross-Examination Testimony Under 37 C.F.R. §1.635
and §1.656(h)(Paper No. 101). On page 16 of its Decision
mailed April 12, 1996 (Paper No. 112), the Board dismissed
this motion as moot:
The Dement et al. motion to suppress the cross-
examination of Dr. Schwimmer on the question of improper
inventorship is dismissed as moot inasmuch as we did not
consider that testimony in deciding to grant Rapoport a
testimony period on his motion.
As indicated above, all Dement et al. motions to suppress
evidence appear to have been dismissed. Rapoport is not
entitled to raise dismissed motions at final hearing. See 37
CFR
§ 1.655(b).
Moreover, Dement et al. acknowledge that “Rapoport
Exhibits 12-21 and 24-41 are documents produced by Dement et
al to Rapoport; and Rapoport Exhibits 42, 43 and 44 are
documents which were attached to the Rapoport ‘Motion Under 37
C.F.R. §1.633(a)’ which was served on Dement et al on June 10,
1992" (Motion To Suppress Documentary Evidence Under 37 C.F.R.
§1.635 And §1.656(h)(Paper No. 101), p. 1, footnote 1). Thus,
the documentary evidence or other exhibits were sufficiently
35
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