Exhibit 2008 has not been authenticated as required by Fed. R. Evid. 90V Rule
901 requires that documents be identified or authenticated before admission into
evidence, for example, by testimony of a witness with knowledge that the document is
what it is claimed to be. In addition, 37 CFR §1.653(i) requires that an admissible exhibit
be identified in an affidavit, be on the record in a deposition or be an official record or
publication filed by a party in order to be considered as an exhibit in an interference. We
note that no affidavit of record refers to Exhibit 2008.
Even if Exhibit 2008 were admissible, the blade depicted in Exhibit 2008 does not
depict an opening through the disk body that is disposed radially outward of the juncture.
Rather, Exhibit 2008 depicts a blade with cutting segments riveted onto the disk body.
Exhibit 2056 (Bernardy Record page 81) like Exhibit 2008 does not conform to
the requirements of 37 CFR § 1.653(i), nor has it been authenticated in accordance with
Fed. R. Evid. 901. As such, Exhibit 2056, like Exhibit 2008 is not admissible in this
proceeding.
However, even if this document were admissible, Exhibit 2056 appears to be a
photograph of a blade disk having wing cutters that are riveted and as such does not
disclose the opening required by the count.
The weight of the evidence has not established reduction to practice of the
invention of count 1 in 1994, because the evidence is not sufficient to establish an
embodiment within count 1 was in existence in 1994. Exhibits 2008 and 2056 are
The Federal Rules of Evidence apply to interference proceedings. 37 CFR
§ 1. 6 71 (b).
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