KIPOURAS et al. V. BARNHOUSE et al. - Page 10

          Interference No. 103,029                                                    

          5 to BX-41 will be suppressed as hearsay. Part one of the                   
          Kipouras motion to suppress is GRANTED.                                     
                    With reference to part two of the Kipouras motion to              
          suppress, Kipouras seeks to suppress the declaration of Dr. Yu              
          at BR38-39 with respect to BX-17, BX-18, BX-19, BX-20, BX-23,               
          BX-24, BX-27, BX-29, BX-30, BX-31, BX-32, BX-33, BX-37, and                 
          BX-38.  The ground alleged by Kipouras is that the data                     
          contained in these documents is hearsay as to Yu, inasmuch as               
          Yu did not perform the experiments or polymerizations                       
          referenced in these documents.  Yu testified that the                       
          experiments were performed under his direction                              

          and he specified the starting ingredients (BR195) and what                  
          tests were to be performed (BR196; BR198).  Yu also testified               
          that it  was customary at Goodrich for persons to refer to the              
          work of technicians as work done by the lead scientist.                     
          BR198.  Be that as it may, Kipouras is correct in arguing that              
          these documents represent hearsay, in that Yu did not have                  
          firsthand knowledge of the experiments.  Accordingly, with                  
          respect to the exhibits listed above, and the accompanying                  


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