Ex Parte MEHRAD 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            written for publication and is not binding precedent of the Board.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. 19              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                    Ex parte FREIDOON MEHRAD and KYLE A. PICONE                       
                                    _____________                                     
                                Appeal No. 2001-1371                                  
                             Application No. 09/120,712                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before FLEMING, RUGGIERO, and GROSS, Administrative Patent                  
          Judges.                                                                     
          RUGGIERO, Administrative Patent Judge.                                      


                              ON REQUEST FOR REHEARING                                
               Appellants request that we reconsider our decision of July             
          31, 2003 wherein we sustained the Examiner’s obviousness-type               
          double patenting rejection of claims 1-7, 13 and 14 over claims             
          1-9 of U.S. Patent No. 5,659,900 to Mehrad.  A review of                    
          Appellants’ request reveals that no actual errors in our original           
          decision have been asserted by Appellants.  Indeed, the sum and             
          substance of Appellants’ request is the submission of a terminal            






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