KIPOURAS et al. V. BARNHOUSE et al. - Page 7




          Interference No. 103,029                                                    



          to the extent that it concerns an execution of the benefit                  
          application papers prior to the filing date thereof, to prove               
          a conception prior to any communication from Barnhouse, is in               
          the nature of a priority case.  Since Kipouras has disclaimed               
          any priority case at final hearing, we will not consider the                
          Richeson declaration as a priority case.8                                   
                    Additionally, junior party Kipouras has filed a                   
          motion  under 37 CFR  1.656(h) to suppress portions of the9                                                                     
          senior party’s evidence.  The motion was opposed  by the10                          
          senior party. This motion to suppress will be considered                    
          hereinbelow.                                                                


          Decision on Kipouras Motion to Suppress Evidence                            

               8    It appears that the declaration was entered during                
          the junior party’s rebuttal testimony period.  Since it is                  
          improper to introduce evidence pertaining to a party’s                      
          priority case, i.e., its case-in-chief, during a rebuttal                   
          period, we hold the Richeson declaration as ineffective to                  
          move the junior party’s conception date to antedate the filing              
          date of the benefit application.  It is noted that the junior               
          party did not move    to reopen its testimony to allow                      
          evidence relating to its    case-in-chief, nor did it file for              
          permission to enter a belated paper.                                        
               9    Paper No. 76.                                                     
               10   Paper No. 78.                                                     
                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007