Ex Parte SCHIRMANN et al - Page 2




            Appeal No. 1996-1132                                                                            
            Application 08/217,752                                                                          


                    37 CFR § 1.197(b) provides as follows:                                                  
                    Appellant may file a single request for rehearing within two months                     
                    from the date of the original decision, unless the original decision is so              
                    modified by the decision on rehearing as to become, in effect, a new                    
                    decision, and the Board of Patent Appeals and Interferences so states.                  
                    The request for rehearing must state with particularity the points                      
                    believed to have been misapprehended or overlooked in rendering the                     
                    decision and also state all other grounds upon which rehearing is                       
                    sought.  See § 1.136(b) for extensions of time for seeking rehearing in                 
                    a patent application and § 1.550(c) for extensions of time for seeking                  
                    rehearing in a reexamination proceeding.                                                
                    Appellants assert that the Board has overlooked and/or misconstrued                     
             limitations appearing in claim 1.  Specifically Appellants state:                              
                    [C]laim 1 according to the present invention requires, inter alia:                      
                          (iii) withdrawing azine final product thus formed from                            
                          said circulating reaction medium to maintain the volume                           
                          thereof essentially constant,                                                     
                          (iv) heating said circulating reaction medium to a                                
                          temperature of at least 130/C...                                                  
                    Thus, as set forth above, the process of the presently claimed                          
                    invention requires the step of withdrawing azine final product from the                 
                    reaction medium (step iii) and heating said circulating medium (which                   
                    does not include the azine reaction product, which was removed in                       
                    step (iii)) to a temperature of at least 130/C (step (iv)).  Appellants                 
                    respectfully submit that neither the grounds for rejection nor the                      
                    Decision rendered May 31, 2001 fully account for these requirements.                    
                    [Rehearing Request, p. 2]                                                               



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