Interference No. 103,675
substantively insufficient and legally inadequate to prove what
exactly were Ms. Wei's record keeping habits or procedures. Thus,
there is no adequate showing under Federal Rule 803(6) to establish
the objected to documents were "records of regularly conducted
activity."
Even more importantly, however, we find Ms. Wei's notebooks
and the associated scientific data lack adequate authentication in
this record under the relevant rule. Federal Rule 901 (Requirement for
Authentication or Identification) required as a condition precedent to
admissibility "evidence sufficient to support a finding that the
matter in question is what its proponent claims." Specifically, since
Ms. Wei has never testified and because the testimony of Dr. Chen, a
named inventor, has not been corroborated, whether the various
notebook pages and associated scientific data are, indeed, the
notebook pages and associated scientific data of Ms. Wei has not been
established on this record. We also observe that Dr. Chen did not
testify that he observed Ms. Wei prepare any of the documents in
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