Interference No. 103,675
GRANTED.
Bouchard et al. seek to exclude all of Chen et al.'s
exhibits which are the laboratory notebooks of Ms. Jianmei Wei and
certain associated documentary scientific data on the grounds that
they constitute impermissible hearsay. Additionally, Bouchard et al.
seek to exclude all of Dr. Chen's testimony which refers to or
discusses Ms. Wei's laboratory notebooks and the associated
documentary scientific data.
We begin by noting that the first sentence of 37 C.F.R. §
1.671(b) recites that:
(e)xcept as otherwise provided in this subpart, the
Federal Rules of Evidence shall apply to
interference proceedings.
Federal Rule 802, is captioned "Hearsay Rule" and reads as follows:
Hearsay is not admissible except as provided by
these rules or by other rules prescribed by the
Supreme Court pursuant to statutory authority or by
Act of Congress.
and applies to any evidence presented at final hearing for our
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