Interference No. 102,755 repeats the XB-70 unpatentability argument that was initially raised in DeVlieg's timely § 1.633(a) motion filed on August 31, 1992. 29 Both of Nedelk's belated motions included requests under § 1.639(c) to take testimony of persons having knowledge of the facts and explained why Nedelk believed he had "good cause" under § 1.645(b) for the belatedness of the motions. Because Nedelk offers different excuses for the belatedness of the two motions, we will discuss those excuses separately. 3. The excuses for the belatedness of the XB-70 motion As noted earlier, the XB-70 patentability issues raised in Nedelk's belated XB-70 motion, filed July 21, 1994, was initially raised twenty-two and one-half months earlier in a timely motion filed by DeVlieg in the '756 interference on August 31, 1992, based on DeVlieg's affidavit describing a conversation with Smith (NE 1068). According to DeVlieg, Mr. Smith said during that conversation that shutting off half the brakes for taxiing had been tried in On the same date Nedelk's belated motions were filed,29 DeVlieg, too, filed a belated § 1.633(a) motion in the '756 interference raising the on-sale issue against Stimson, which motion the APJ dismissed for the same reasons as the belated Nedelk motion raising this issue ('756 paper No. 85, at 3). The dismissal of DeVlieg's belated motion is not before us, as DeVlieg failed to file a brief for final hearing. - 34 -Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: November 3, 2007