Interference No. 103,029
declaration pages, BR38-39, the Kipouras motion to suppress is
GRANTED.
With reference to the third portion of the Kipouras
motion to suppress, Kipouras moves to suppress a group of U.S.
Patents BX-42 to BX-47, inclusive, as hearsay. Barnhouse, in
opposition, states that these patents are offered to show that
persons of ordinary skill in the art recognize that Hydrin 200
refers to a copolymer of ECH/EO in a 1:1 molar ratio. We
agree with Kipouras that the documents are hearsay, when
offered for this reason. While we will suppress these
documents for this purpose, we note that there is direct
testimony regarding the composition of Hydrin 200. KR13.
With respect to BX-42 through BX-47, the motion to suppress is
GRANTED.
With respect to the fourth portion of the Kipouras
motion to suppress, BX-3 is suppressed for the reasons given
with respect to BX-42 through BX-47, above. The motion to
suppress BX-3 is GRANTED.
Finally Kipouras moves to withdraw KX-5 through KX-
12, KX-5A through KX-12A, KX-16, and KX-17. Dr. Yu admitted
that he did not perform the underlying polymerizations.
11
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007