Interference No. 103,675
given subject to the objection. The practice adopted in the
interference rule parallels the practice in Rule 30 of the Federal
Rules of Civil Procedure (FRCP) and, except for Rules 103 and 615,
Rule 30 incorporates the Federal Rules of Evidence. The
Federal Rules of Evidence (FRE) apply in interference proceedings (37
C.F.R. § 1.671(b)). The federal rules are also clear on the matter of
objections: make the objection for the record and allow the witness to
answer the question. This the parties have failed to do throughout
virtually all the depositions, and the parties failure to follow the
rules has made our task here more difficult.
THE MOTIONS BRIEFS
37 C.F.R. §1.656
Before we begin our analysis of the parties' respective
positions, we note that the requirements for the parties' briefs are
set forth in 37 C.F.R. §§ 1.656(b)(1) through 1.656(b)(8). 37 C.F.R. §
1.656(b)(6) specifically requires the brief to contain an argument
which:
shall contain the contentions of the party with
respect to the issues it is raising for
consideration at final hearing, and the reasons
therefor, with citations to the cases, statutes, or
other authorities, and parts of the record relied
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