Ex Parte Longhurst et al - Page 5



          Appeal No. 2004-0522                                                        
          Application No. 09/678,045                                                  

          art, and claim 18 is not.  Thus, what appeared to appellants as             
          an inconsistency in our decision, is not an inconsistency at all.           

               In summary, appellants’ request for rehearing has been                 
          granted to the extent that this panel of the Board has                      
          reconsidered its earlier decision, but is denied with respect to            
          making any substantive changes in that decision, for the reasons            
          articulated, supra.                                                         

                                        DENIED                                        




                         IRWIN CHARLES COHEN           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         NEAL E. ABRAMS                )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )                              
          ICC:pgc                                                                     
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