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Ex Parte SCHMIDT - Page 1

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                    The opinion in support of the decision being entered today was not written                                  
                              for publication and is not binding precedent of the Board.                                        

                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                       ____________                                                             
                                  BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                AND INTERFERENCES                                                               
                                                       ____________                                                             
                                           Ex parte WILLIAM J. SCHMIDT                                                          
                                                       ____________                                                             
                                                     Appeal 2005-2193                                                           
                                                  Application 09/385,405                                                        
                                                 Technology Center 1700                                                         
                                                       ____________                                                             
                                              Decided:  December 18, 2006                                                       
                                                       ____________                                                             
                  Before EDWARD C. KIMLIN, CHARLES F. WARREN, and                                                               
                  CATHERINE Q. TIMM, Administrative Patent Judges.                                                              
                  TIMM, Administrative Patent Judge.                                                                            

                                   DECISION ON REQUEST FOR REHEARING                                                            
                          On August 30, 2006, Appellant filed a Request for Rehearing of the                                    
                  Decision of July 13, 2006.  In that Decision, the panel sustained the                                         
                  rejections under 35 U.S.C. § 102(b) and under 35 U.S.C. § 103(a) based, in                                    
                  major part, upon Schmidt, Appellant’s prior patent.  Appellant states that the                                
                  following points were misapprehended or overlooked in the Decision:                                           
                      1. The Schmidt reference treats the same or substantially the same                                        
                          starting materials as Appellant (Decision 4).                                                         





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