KIPOURAS et al. V. BARNHOUSE et al. - Page 9

          Interference No. 103,029                                                    

          regard without more evidence as, the personal files of his                  
          predecessor, the former manager of marketing for Stat-Rite.                 
          The files from all these sources were commingled and sent to                
          the law department where they were bound.  BR119.  He could                 
          not recall the specific source of any document BR121; BR123;                
          BR128, etc.                                                                 

                    Under these conditions, where the specific source of              
          any document is unknown and some documents came from sources                
          such as the inventor’s desk or his technician’s desk, or from               
          the personal files of Marasch or his predecessor, it is                     
          difficult to accept the senior party’s argument that these                  
          records are records kept in the regular course of business.                 
          Without more evidence, we are unwilling to accord the personal              
          files of a witness who did not appear and give testimony or                 
          casual files removed from a person’s desk the status of a                   
          business record.  Inasmuch as witness Marasch cannot state                  
          specifically where any document came from, and at least some                
          documents cannot be accorded the status of business records,                
          based on their provenance, all proffered Marasch exhibits, BX-              

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