Ex Parte ZETTLE 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                                    for publication and is not binding precedent of the Board.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. 46             

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                   ____________                                                        

                               BEFORE THE BOARD OF PATENT APPEALS                                                      
                                              AND INTERFERENCES                                                        
                                                     ____________                                                      
                                          Ex parte JEFFREY J. ZETTLE et al.                                            
                                                     ____________                                                      
                                                 Appeal No. 2004-1271                                                  
                                              Application No. 09/370,913                                               
                                                     ____________                                                      
                                               HEARD: August 18, 2004                                                  
                                                     ____________                                                      
              Before ABRAMS, NASE, and BAHR, Administrative Patent Judges.                                             
              NASE, Administrative Patent Judge.                                                                       


                                           ON REQUEST FOR REHEARING                                                    
                     This is in response to the appellants' request for rehearing1 of our decision mailed              
              August 31, 2004, wherein we affirmed the examiner's rejection of claims 1, 3 to 5, 9 to 12,              
              15 to 17 and 19 to 22 under 35 U.S.C. § 102(b); reversed the examiner's rejection of                     
              claims 8, 18 and 25 under 35 U.S.C. § 102(b); and affirmed the examiner's rejection of                   
              claims 6, 7, 13, 14, 23 and 24 under 35 U.S.C. § 103                                                     



                     1 Filed October 20, 2004.                                                                         





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