Ex Parte BELL 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                         not binding precedent of the Board                           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. 33                   
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    _______________                                   
                           BEFORE THE BOARD OF PATENT APPEALS                         
                                   AND INTERFERENCES                                  
                                    _______________                                   
                                Ex parte ROBERT T. BELL                               
                                 and RICHARD B. PLATT                                 
                                     ______________                                   
                                   Appeal No. 2001-2001                               
                              Application 08/870,600                                  
                                    _______________                                   
                              ON BRIEF                                                
                                    _______________                                   
          Before THOMAS, JERRY SMITH and GROSS, Administrative Patent Judges.         
          THOMAS, Administrative Patent Judge.                                        
                                                                                     
                              REQUEST FOR REHEARING                                   
               In a decision dated June 26, 2003, the decision of the                 
          examiner rejecting claims 41-60 under 35 U.S.C. § 103 was                   
          affirmed.  The subsequent, intervening prosecution history led              
          to the withdrawal of abandonment mailed on December 3, 2003.                
               In considering the substance of the Request for Rehearing,             
          we note initially the observations we made at page 7 of our                 
          original decision where we correlated appellants' disclosed                 
          invention with the basic concepts of Shimizu.  We made reference            
          to the Summary of the Invention at pages 19 and 20, and the                 

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