Interference No. 102,755 the dismissal of the XB-70 motion, to consideration of all of the evidence filed with the motion. Because the motion36 relies on the acquisition of this test data to excuse the belatedness, we will not suppress the data. Consequently, the question before us is whether the APJ abused his discretion in holding that the belated motion and the evidence filed therewith, i.e., DeYoung's July 21, 1994, affidavit (NE 500- 01) and the FOIA documents, is sufficient to establish good cause for the belatedness. The explanation given in the XB-70 motion under the heading, "V. GOOD CAUSE SHOWING FOR BELATED MOTION UNDER 37 C.F.R. §1.635 PURSUANT TO 37 C.F.R. §1.655(b) [sic, §1.645(b) ]," reads in its entirety as follows:37 Junior Party Nedelk requests that this motion under 37 C.F.R. §1.633(a), be entered inasmuch as good cause can be shown why this motion was not earlier filed. 37 Paper No. 91, at 8.36 The requirement to file a § 1.635 motion showing good37 cause for the belatedness of a preliminary motion appears in § 1.645(b) rather than § 1.655(b). The requirement of § 1.655(b) to show "good cause why the issue [argued at final hearing] was not properly raised by a timely motion" refers to issues that were not raised by a timely motion or a belated motion. See 1995 Final Rule Notice, 60 Fed. Reg. at 14513; 1173 Off. Gaz. Pat. Office at 58 ("For purposes of sections other than § 1.645, a belatedly filed paper is considered 'timely filed' if accompanied by a motion under § 1.635 to excuse the belatedness, which is granted."). - 39 -Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NextLast modified: November 3, 2007