Interference 103,579
relates to the weight to be accorded the other evidence therein,
not its admissibility.
B. Visser’s motions to suppress evidence
(1) Visser has moved to suppress Hofvander Affidavit
Exhibit 2, the Declaration of Per Persson (HAX 2), because it
purportedly contains inadmissible hearsay under Federal Rules of
Evidence 601 and 802 (Paper No. 116). For reasons stated herein
above, we did not consider the Declaration of Per Persson (HAX 2)
in deciding the issues before us at final hearing. Accordingly,
Visser’s first motion to suppress evidence (Paper No. 116) is
DISMISSED.
(2) Visser has moved to suppress “the portion of the
Declaration Pursuant To 37 C.F.R. §1.132 of Per Persson executed
October 25, 1994 . . . [(VDX 11)] which was submitted during ex
parte prosecution of the Hofvander . . . application relating to
the experiments contained in paragraphs 2, 3 and 5[, etc.,]”
because it purportedly contains inadmissible hearsay under
Federal Rules of Evidence 601 and 802 (Paper No. 117). For
reasons stated herein above, we did not consider this evidence in
deciding the issues before us at final hearing. Accordingly,
Visser’s second motion to suppress evidence (Paper No. 117) is
DISMISSED.
(3) Visser has moved to suppress “the portion of
Hofvander . . . Affidavit Exhibit 3 [(HAX 3)] relating to the
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