Appeal 2006-2173
Application 09/519,999
37 C.F.R. § 41.52 (a)(1) (2006) provides as follows:
Appellant may file a single request for rehearing within
two months[from] the date of the original decision of the
Board. No request for rehearing from a decision on
rehearing will be permitted, unless the rehearing decision
so modified the original decision as to become, in effect,
a new decision, and the Board states that a second request
for rehearing would be permitted. The request for
rehearing must state with particularity the points believed
to have been misapprehended or overlooked by the
Board. Arguments not raised in the briefs before the
Board and evidence not previously relied upon in the
brief and any reply brief(s) are not permitted in the
request for rehearing except as permitted by paragraphs
(a)(2) and (a)(3) of this section. When a request for
rehearing is made, the Board shall render a decision on
the request for rehearing. The decision on the request for
rehearing is deemed to incorporate the earlier opinion
reflecting its decision for appeal, except for those
portions specifically withdrawn on rehearing, and is final
for the purpose of judicial review, except when noted
otherwise in the decision on rehearing.
Appellant asserts that separate arguments of patentability for
claims 23, 24, 32 and 33 was provided in the Brief and Reply Brief
and should be considered by the Board (Request 1-2).
The principal argument provided for claims 23, 24 and 32 in the
Brief was the same as that which was presented for claim 20.1
Specifically, Appellant’s argument are directed to the arrangement of
the components of the within the accommodation bag. The discussion
1 Claim 20 was selected as representative of the rejected groups of
claims.
2
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Last modified: September 9, 2013