CHEN et al. v BOUCHARD et al. - Page 73



          Interference No. 103,675                                                      

    the "Statement of Facts" section of the brief which support the                     
    arguments made therein. Thus, we agree with Bouchard et al.'s comment               
    from page 1 of their brief that Chen et al. have forced this Board                  
    (and Bouchard et al.) to search the "Statement of Facts" section of                 
    their brief for the underlying basis for the legal conclusions Chen et              
    al. would have us reach based on their argument. This not only places               
    an undue burden on both this Board and Bouchard et al. but it unfairly              
    places Bouchard et al. in the position of having to conjecture as to                
    what forms the basis for the various arguments and contentions made by              
    their opponent. Thus, Chen et al.'s brief placed Bouchard et al. in                 
    the position of responding to Chen et al.'s various positions without               
    actually knowing the underlying basis for many of Chen et al.'s                     
    arguments and positions. Suffice it to say it is virtually impossible               
    to respond to a position taken where the underlying factual basis for               
    the position is not known.                                                          
              It does not serve Chen et al. to argue that they have                     
    referenced large portions of their statement of facts in their brief.               
    For example, at pages 156 through 157 of their brief, Chen et al., in               
    alluding to several alleged actual reductions to practice of the                    
    subject matter of the counts, direct this Board and Bouchard et al. to              
    enormous sections of their statement of facts section of their brief                
    without any specific references to particular facts which support                   
                                        73                                              


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