Interference No. 104,681
Spears v. Holland
B.
Incorporation by reference is an inappropriate
role-shifting technique which makes it a
decisionmaker's job to (1) scour the record, (2) come
up with some theory which supports a party's case and
(3) articulate a rationale in an opinion supporting the
rationale without giving an opponent a reasonable
chance to address the rationale.
We decline to abandon our role as impartial judges to take
on the role of an advocate on behalf of party Spears.
For the foregoing reasons, that portion of Spear5'
preliminary motion 3 alleging obviousnes of Holland's claims
under 35 U.S.C. § 103 is dismissed.
Judcrment
It is
ORDERED that judgment as to the subject matter of the count
is herein entered against STEVE SPEARS and DAVID WALKER, who are
not entitled to their patent claims 1-3 and 5-12 which correspond
to the count;
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