Interference No. 103,878
agreement with the senior party that the junior party’s
evidence “may be used by the Senior Party for the purpose of
showing that the Junior Party has failed to meet its burden of
proof.” Accord- ingly, the motion to suppress, to the extent
that it is based on the junior party’s so-called general
objection, is DENIED.
With regard to the junior party’s statement that all
objections except as to form were reserved at the deposition,
we must remind the parties that objections are to be noted
when the deposition is ongoing (37 CFR § 1.675(c); 37 CFR §
1.685(c), and 37 CFR § 1.656(h)) so that the objection can
both be recorded and properly responded to by the opponent who
may be able to remove the objection by ameliorating the
objected to circumstances. Timely objections permit prompt
correction of technical errors
6(...continued)
denied the junior party the opportunity and ability to raise
any objections to the admissibility of the testimony"
(emphasis supplied). Junior party motion to suppress at 3. We
must emphasize that it is the junior party’s own testimony
being referred to, as relied upon by the senior party. As we
understand it, the junior party is stating he was denied the
chance to object to his own testimony!
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