Interference No. 103,878
“marveled” will not be suppressed. Henson’s declaration
contains evidence relating to night testing of the prototype.
Thus, testimony on his reaction to the test is fair game in
cross-examination. Such testimony does not violate 37 CFR §
1.639 as argued by the junior party, since senior party has
the right to cross-examine all junior party’s declarants if
junior party intends to rely on their testimony at final
hearing. See 37 CFR § 1.671(e) and
37 CFR § 1.672(d). The senior party, in this instance, is
permitted to cross-examine the junior party’s witnesses on the
patentability issue, because the junior party introduced these
declarations into evidence during the testimony period. Thus,
JP64-65, 43, 44, and JP82-85 will not be suppressed.
Finally, the Henson notation on the facsimile does
not properly raise a suppression issue, inasmuch as Henson
and Brammer both reference a facsimile in their declaration.
Thus, testimony concerning the facsimile is proper on cross-
examination.
To sum up, we have considered the junior party’s
motion for suppression of evidence, and will suppress pages
JP182-83 as beyond the scope of direct. To this extent the
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