Ex Parte Mazur - 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                                  for publication and is not binding precedent of the Board.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. 17                
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                    __________                                                       
                              BEFORE THE BOARD OF PATENT APPEALS                                                     
                                           AND INTERFERENCES                                                         
                                                    __________                                                       
                                          Ex parte LEONARD L. MAZUR                                                  
                                                    __________                                                       
                                              Appeal No. 2004-0394                                                   
                                            Application No. 09/915,467                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
             Before WILLIAM F. SMITH, ADAMS, and GRIMES, Administrative Patent Judges.                               
             ADAMS, Administrative Patent Judge.                                                                     

                                          REQUEST FOR REHEARING                                                      
                    Appellant requests reconsideration (rehearing) of the Board’s decision entered                   
             February 26, 2004 (Decision), vacating the rejection of record in favor of new grounds                  
             of rejection under 37 CFR § 1.196(b).  Appellant’s “Request for Rehearing” (Request) is                 
             premised upon the assertion that the “new grounds for rejection appear based on a                       
             misunderstanding of the time sequence of the prior art.”  Request, page 2.                              
                    Claims 1 and 6 are illustrative of the subject matter on appeal and are                          
             reproduced below:                                                                                       
                    1. An educational article of manufacture useful to increase patient awareness of                 
                        the teratogenicity of a pharmaceutical, said article of manufacture comprising:              
                           a teratogenic pharmaceutical packaged together with                                       
                           a contraceptive; and                                                                      
                           labeling specifying avoidance of pregnancy while using said teratogenic                   
                           pharmaceutical.                                                                           





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