Interference No. 103,878
party’s testimony period, “cite specific portions [of the
junior party’s declarations] and/or provide copies of such
portions.”
The junior party has failed to cite a specific rule
for this proposition, although he refers in passing to 37 CFR
§§ 1.672(b); 1.682; and 1.688(d). We have looked in vain for
such a provision in the rules. We find no requirement that
an opposing party submit to the party presenting evidence a
description of what portion of the testimony of the party
presenting evidence will be used in rebutting that evidence.
We note that the junior party has cited no case dealing with
this matter. We know of none. We acknowledge that 37 CFR §
1.671(e) requires a party to serve and give notice as to what
evidence it is relying on. However, the duty therein does not
run to an opponent of the party that is serving and giving
notice.
We further note that it is the junior party’s own
evidence that is sought to be suppressed. We are in 6
6We note the following sentence from junior party’s
motion to suppress. “Moreover, the failure to cite specific
portions and/or provide copies of such portions improperly
(continued...)
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