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Ex Parte Burkhart et al - Page 1

Legal Research Home > Board of Patent Appeals and Interferences > 2007 > Ex Parte Burkhart et al - Page 1

                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                       ____________                                                              
                                   BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                 AND INTERFERENCES                                                               
                                                       ____________                                                              
                                   Ex parte CHRISTOPHER W. BURKHART and                                                          
                                              LAWRENCE A. GOCHBERG                                                               
                                                       ____________                                                              
                                                     Appeal 2007-0494                                                            
                                                  Application 10/447,446                                                         
                                                 Technology Center 1700                                                          
                                                       ____________                                                              
                                                Decided: October 31, 2007                                                        
                                                       ____________                                                              

                  Before CHARLES F. WARREN, THOMAS A. WALTZ and                                                                  
                  MICHAEL P. COLAIANNI, Administrative Patent Judges.                                                            
                  COLAIANNI, Administrative Patent Judge.                                                                        

                                   DECISION ON REQUEST FOR REHEARING                                                             
                          This is in response to a Request, filed May 21, 2007, for rehearing of                                 
                  our decision, mailed March 28, 2007, wherein we sustained the § 102                                            
                  rejection of claims 1-3, 9, and 12 as being anticipated by Senba.                                              
                          Appellants contend that, contrary to the implication provided by                                       
                  our language in the decision of “at least two gas ports” and “at least                                         
                  four gas ports” (Decision 7 and 8), Senba does not disclose more than                                          
                  two or four gas outlets (Request 3).  On page 5 of the Request,                                                
                  Appellants argue that “it is not reasonable to interpret . . . [the                                            





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Last modified: November  3, 2007