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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