Ex parte BUTLER - Page 3




               Appeal No. 97-2967                                                                                                     
               Application 07/908,967                                                                                                 







               In support of this proposition, appellant has filed a copy of several pages from the text Structural                   

               Engineering Handbook,  (Gaylord, Jr. et al., Fourth Edition, McGraw-Hill, 1997) as Exhibit 1 to the                    

               request.  We will not consider the Structural Engineering Handbook because it was not accompanied                      

               by a showing of good and sufficient reasons why it was not earlier presented.  37 CFR § 1.195.  In                     

               regard to appellant’s argument that no proof is needed to establish long felt need, we refer to page 8 of              

               our decision.                                                                                                          

                       In light of the foregoing, appellant’s request is granted to the extent of reconsidering our                   

               decision, but is denied with respect to making any changes thereof.                                                    

                       No time period for taking any subsequent action in connection with this appeal may be                          

               extended under 37 CFR 1.136(a).                                                                                        







                                       JOHN P. McQUADE                                )                                               
                                       Administrative Patent Judge                    )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      ) BOARD OF PATENT                               
                               JEFFREY V. NASE                                )   APPEALS AND                                         

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