Ex Parte Burkhart et al - Page 3

                  Appeal 2007-0494                                                                                               
                  Application 10/447,446                                                                                         
                  gas to the vicinity of the continuous elastomeric seal around the                                              
                  vacuum valve opening”) (Request 6-8), are presented for the first time                                         
                  in this Request.  In accordance with 37 C.F.R. § 41.52 because such                                            
                  new arguments are not made regarding a “recent relevant decision of                                            
                  the Board or a Federal Court” or in response to a new grounds of                                               
                  rejection under § 41.50(b), Appellants’ newly advanced arguments                                               
                  have not been considered.                                                                                      
                          For the above stated reasons, we adhere to our finding that                                            
                  claims 1-3, 9, and 12 are anticipated by Senba.                                                                
                          The Request for Rehearing is denied.                                                                   
                                                        DENIED                                                                   


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