Ex Parte BIEMAN - Page 1




                  The opinion in support of the decision being entered today is not binding precedent of the                     
                                                             Board.                                                              


                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                          _______________                                                        
                                           BEFORE THE BOARD OF PATENT APPEALS                                                    
                                                       AND INTERFERENCES                                                         
                                                          _______________                                                        
                                                  Ex parte LEONARD H. BIEMAN                                                     
                                                          _______________                                                        
                                                          Appeal 2004-0659                                                       
                                                       Application 09/111,9781                                                   
                                                       Technology Center 2800                                                    
                                                          _______________                                                        
                                                  ORAL HEARING:  June 27, 2006                                                   
                                                          _______________                                                        
                  Before  GARRIS, JERRY SMITH, RUGGIERO, GROSS, and MacDONALD,                                                   
                  Administrative Patent Judges.2                                                                                 
                  PER CURIAM                                                                                                     
                                      DECISION ON APPEAL UNDER 35 U.S.C. § 134                                                   
                  AFFIRMED                                                                                                       
                          A.      INTRODUCTION                                                                                   
                                  1.     This is in response to Appellant’s Request for Rehearing3 of a                          
                  Decision on Appeal (the decision) of the Board of Patent Appeals and Interferences (the                        
                                                                                                                                
                  1 Application filed July 8, 1998, seeking to reissue U.S. Patent 5,646,733, issued July 8,                     
                  1997, based on application 08/593,095, filed January 29, 1996.  The real party in interest                     
                  is PPT Vision, Inc., Amended Appeal Brief (filed March 17, 2003), page 4.                                      
                  2 Administrative Patent Judges Jerry Smith, Ruggiero, and Gross originally heard the                           
                  appeal and entered a decision on March 31, 2005.  Subsequent to Appellant’s Request for                        
                  Rehearing (the request) filed May 31, 2005, the panel was expanded to include                                  
                  Administrative Patent Judges Garris and MacDonald.  Appellant was offered, and                                 
                  accepted, an opportunity for additional oral argument.                                                         






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