Interference No. 103,675
In the commentary to the final rules published in the Federal Register
on December 12, 1984, the Patent and Trademark Office, in commenting
on the adoption of the Federal Rules of Evidence, observed that:
The courts have articulated a rule of law which the PTO will
continue to apply in determining admissibility of laboratory
note books under the "shop book" Rule 803(b)(6) of the
Federal Rules of Evidence. See e.g., Alpert v. Slatin, 305
F.2d 891, 134 USPQ 296 (CCPA 1962) ....
See the Notice of Final Rule, Federal Register, Volume 49, Number 240,
December 12, 1984, at page 48447. Here, because Dr. Chen has testified
about the notebooks they are not inadmissible hearsay but they are
not, absent corroboration, entitled to significant weight.
Accordingly, Dr. Chen's laboratory notebooks alone may not be relied
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