Interference No. 103,675
We find that Ms. Wei's laboratory notebooks and the
associated scientific data are statements (written assertions) other
than one made by the declarant (Dr. Chen) while testifying which are
being offered to prove the truth of the matter asserted (an actual
reduction to practice prior to Bouchard et al.'s effective filing
date). Thus, pursuant to 37 C.F.R. § 1.671(b) and Federal Rule 802,
Ms. Wei's laboratory notebooks and the associated scientific data are
hearsay. We observe that Chen et al. do not argue that the materials
whose exclusion is sought are not hearsay.
Notwithstanding our determination above that Ms. Wei's
notebooks and associated scientific data are hearsay, they would not
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