Appeal No. 2002-2278
Application No. 08/976,820
[I]t is well within the ambit of one of ordinary skill
in the art to provide an appropriate number of grip
taps, including the number of grip taps corresponding
to the sides of given geometrically shaped adhesive
tapes, to provide contingent bases in the case of
failure of one or more grip tabs in removing the
adhesive tape since Luhmann teaches that the grip tabs
can be pulled at any angle and are used to remove the
residues of the adhesive tapes as indicated supra
[emphasis ours].
Lühmann’s teaching provides implicit suggestion that any number
of grip taps at any side of a given tape is useful for obtaining
the advantage indicated in Lühmann, e.g., easier pulling on the
tape residue.
Appellants, for the first time, rely on a Rule 132
declaration executed by one of the inventors listed in the
Lühmann reference and, for the first time, set forth arguments
relating to the declaration. However, we decline to consider the
declaration or appellants’ arguments relating thereto since
appellants fail to provide good and sufficient reasons for
considering the newly introduced declaration and arguments. As
stated in 37 CFR § 1.195 (2001):
Affidavits, declarations or exhibits submitted after
the case has been appealed will not be admitted
without a showing of good and sufficient reasons why
they were not earlier presented.
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