Interference No. 104,290
involved Edwards patent, i.e., priority of LeVeen's subject
matter corresponding to the count,
b) a motion (15) by junior party LeVeen to suppress the
testimony of Daniel,
c) a motion (16) by junior party LeVeen to suppress the
testimony of Hansen,
d) has junior party LeVeen abandoned, suppressed, or
concealed the invention,
e) has junior party LeVeen established an invention
date that would antedate the effective filing date of the senior
party's involved patent under 37 CFR § 1.131, i.e., patentability
of LeVeen's claims.
LeVeen Motion 15 to Suppress Testimony of Daniel
LeVeen moves to suppress the testimony of Edwards'
witness Daniel. As noted in our discussion of the background of
the interference, it was originally determined that LeVeen would
proceed under 37 CFR § 1.131 to antedate the Edwards patent.7 At
the time of that determination by a merits panel of the trial
Paper No. 246, February 23, 2001.
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