Ex Parte WEHRLE et al - Page 4




          Appeal No. 2002-2071                                                        
          Application 09/428,451                                                      


               The appellants request that we sanction their amendment                
          after appeal (request, page 3).  The appellants have no right to            
          entry of an amendment after appeal unless it is in conformity               
          with an explicit statement in the board decision that a claim may           
          be allowed in amended form.  See 37 CFR § 1.196(c)(1997).  Our              
          decision contains no such explicit statement.                               
               We have considered the appellants’ request for                         
          reconsideration of our decision but, for the above reasons, we              
          decline to make any change to the decision.                                 
                                     DENIED                                           



                                                       )                              
                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         THOMAS A. WALTZ               )                              
                         Administrative Patent Judge   )                              



          TJO/ki                                                                      

                                          4                                           





Page:  Previous  1  2  3  4  5  Next 

Last modified: November 3, 2007