Ex Parte YAO - 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          not written for publication and is not binding precedent of the             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. 24              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                                Ex parte XIANG YU YAO                                 
                                     __________                                       
                                Appeal No. 2001-1821                                  
                               Application 09/098,311                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before GARRIS, OWENS and DELMENDO, Administrative Patent Judges.            
          OWENS, Administrative Patent Judge.                                         

                              ON REQUEST FOR REHEARING                                
               The appellant requests reconsideration of our decision                 
          mailed on October 9, 2002, wherein we affirmed the rejection of             
          claims 14-20 under 35 U.S.C. § 103 over Ravi in view of Bartha.             
               The appellant argues that our decision fails to provide a              
          motivation for making an apparatus having a mixed frequency RF              
          generator and sources of silicon and carbon, and a reasonable               
          expectation of success in doing so (request, page 2).                       



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