Ex Parte Donoho et al - Page 6


                  Appeal 2004-1103                                                                                              
                  Application 09/733,387                                                                                        
                  misapprehended in arriving at our decision.  Therefore, appellants’ request has                               
                  been granted to the extent that the decision has been reconsidered, but such                                  
                  request is denied with respect to making any modifications to the decision                                    
                  affirming the rejection under 35 U.S.C. § 101 as lacking utility and § 112, first                             
                  paragraph, for lack of enablement based on the finding of lack of utility.                                    
                          No time period for taking any subsequent action in connection with this                               
                  appeal may be extended under 37 C.F.R. § 1.136(a).                                                            


                                                   REHEARING DENIED                                                             

                                                                               )                                                
                                         Toni R. Scheiner   )                                                                   
                                         Administrative Patent Judge )                                                          
                                                                               )                                                
                                                                               ) BOARD OF PATENT                                
                                                                               )                                                
                                         Donald E. Adams   )      APPEALS AND                                                   
                                         Administrative Patent Judge )                                                          
                                                                               )    INTERFERENCES                               
                                                                               )                                                
                                                                               )                                                
                                         Eric Grimes    )                                                                       
                                         Administrative Patent Judge )                                                          





                  DEA/lbg                                                                                                       









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