Appeal No. 1996-0332
Application No. 08/075,017
(1) Ishada Declaration of record (Paper No. 10) filed
Nov. 5, 1992.
(2) Ishada Declaration (not of record) executed on May
17, 1993 and offered as a hand-out at oral hearing.
(3) Yoshikawa Declaration belatedly filed as part of
Paper No. 42 on July 22, 1999 after oral hearing.
(4) A second Yoshikawa Declaration also filed as part of
Paper No. 42 on July 22, 1999 after oral hearing.
After a thorough review of the prosecution record in the
instant application, we find that, of the four declarations
mentioned above, only the first was of record prior to an
appeal being taken by appellants in this case. Furthermore,
appellants have provided no showing of good and sufficient
reasons why the other declarations were not earlier presented.
Accordingly, pursuant to 37 CFR § 1.195, the declarations
designated as (2), (3) and (4) above will not be admitted or
considered by us in rendering a decision on appeal in this
case. Additionally, the fact that the two Yoshikawa
declarations were filed and considered in a continuing
application has no bearing on our decision here since the
examiner had no opportunity to consider the Yoshikawa
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