Ex Parte McGee et al - Page 3


              Appeal No. 2005-0686                                                                                             
              Application 10/298,968                                                                                           

              us.  Nor do we see any argument from Appellants of how such an intended use limitation                           
              structurally (or functionally) changes the apparatus of claim 11.                                                
                      As was stated in the decision at page 5, “we find the ‘perceived content’ and ‘category’                 
              are the same.” Nothing in Appellants’ request points out a structural limitation in the claims that              
              distinguishes among the disclosed mechanisms or over the prior art.                                              


                                                         Conclusion                                                            
                      In view of the foregoing discussion, we grant Appellants’ request for rehearing to the                   
              extent of reconsidering our decision, but we deny Appellants’ request with respect to making any                 
              change thereto.                                                                                                  
























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