Appeal No. 94-3790
Application 08/032,758
ON REQUEST FOR RECONSIDERATION
Appellant requests that we reconsider our decision
of June 16, 1997, wherein we affirmed the examiner’s decision
rejecting claims 21 to 25 and 27 to 30 under 35 U.S.C. § 102.
At the outset, we address the two declarations attached
to the request for reconsideration. Both declarations are
identical from two different individuals and essentially set
forth that which has been argued by appellant in the request
for reconsideration. Moreover, the basic argument presented
in each of these three documents is apparently the same as
basically presented in the principal brief and reply brief
filed before our original opinion. Even though there does not
appear to be any substantive showing of good and sufficient
reasons why these declarations were not earlier presented
within the requirements of 37 CFR § 1.195, we have still
considered them because of this consistency. Appellant’s
arguments in the request for reconsideration as well as those
more particular arguments set forth in both declarations
reflect an understanding of Lofgren which is consistent with
our understanding when we rendered our original opinion.
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