LIM et al. V. CAVENEY et al. - Page 6




          Interference No. 103,987                                                    



          belated motion, to final hearing.  They are the only issues                 
          argued at this final hearing.                                               


                       Motion under 37 CFR §§ 1.635 and 1.645                         
                    Junior party Lim’s belated motion for judgment was                
          filed on July 19, 1999.  This was approximately 17 months                   
          after the time for filing preliminary motions closed and                    
          approximately 18 months after the decision in the Gentry case               
          was available on January 27, 1998.  Thus, Lim’s motion for                  
          judgment was belatedly filed.  37 CFR § 1.645 provides that:                
                    Any paper belatedly filed will not be                             
                    considered except upon notion [sic] (§                            
                    1.635) which shows good cause why the paper                       
                    was not timely filed . . . .                                      
                    Thus, a prerequisite for our consideration of Lim’s               
          motion for judgment is a showing of good cause for belatedness              
          on the part of junior party Lim. Lim’s argument respecting                  
          good cause has two parts.  The first part is an argument that               
          the decision in Gentry represented a substantive shift in                   
          patent law with respect to descriptive support for the claimed              
          subject                                                                     



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