Ex Parte BAUER et al - Page 5

             Appeal No. 1997-3169                                                                                 
             Application 08/211,791                                                                               

             entered into the record prior to our consideration of the appeal,                                    
             our refusal to consider the reply brief was proper.                                                  
                    We have considered appellants’ rehearing request but, for                                     
             the above reasons, decline to make any change to our decision.                                       
                                                    DENIED                                                        


                                 EDWARD C. KIMLIN                        )                                        
                                 Administrative Patent Judge             )                                        
                                                                        )                                        
                                                                        )                                        
                                                                        )                                        
                                 BRADLEY R. GARRIS                       )  BOARD OF PATENT                       
                                 Administrative Patent Judge             )  APPEALS AND                           
                                                                        )  INTERFERENCES                         
                                                                        )                                        
                                                                        )                                        
                                 TERRY J. OWENS                          )                                        
                                 Administrative Patent Judge             )                                        











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