Ex Parte GANTE et al - Page 1



                            The opinion in support of the decision being entered today was not written                   
                                   for publication and is not binding precedent of the Board.                            

                                                                                            Paper No. 23                 

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                     __________                                                          

                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                              AND INTERFERENCE                                                           
                                                    ___________                                                          
                                  Ex parte JOACHIM GANTE, HORST JURASZYK,                                                
                                      PETER RADDATZ, HANNS WURZIGER,                                                     
                              SABINE BERNOTAT-DANIELOWSKI, GUIDO MELZER,                                                 
                                   MATHIAS WIESNER, and CLAUS FITTSCHEN                                                  
                                                     ___________                                                         
                                                Appeal No. 1999-1686                                                     
                                              Application No. 08/552,206                                                 
                                                     __________                                                          
                                          ON REQUEST FOR REHEARING                                                       
                                                     __________                                                          
              Before STONER, Chief Administrative Patent Judge; HARKCOM, Vice Chief                                      
              Administrative Patent Judge; and WILLIAM F. SMITH, Administrative Patent Judge.1                           
              WILLIAM F. SMITH, Administrative Patent Judge.                                                             
                                          ON REQUEST FOR REHEARING                                                       
                     In the original decision and supporting opinion entered on January 30, 2002, we                     
              reversed two rejections and vacated a third.  It is the latter action which appellants                     
              request rehearing.  Specifically, appellants ask:                                                          

                     1   Senior Administrative Patent Judge (SAPJ) McKelvey served on the merits                         
              panel which rendered the original decision in this appeal.  Subsequent thereto, SAPJ                       
              McKelvey retired from the USPTO.  Accordingly, Vice Chief Administrative Patent                            
              Judge Harkcom has been designated as a member of the merits panel to decide this                           
              request.  Compare In re Bose Corp., 772 F.2d 866, 227 USPQ 1 (Fed. Cir. 1985).                             
                                                                                                                        





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