Appeal No. 96-3821
Application No. 08/122,264
Cir. 1986). By the same token, new evidence proffered in a
request for rehearing is not properly before the Board. In re
Fessmann, 489 F.2d 742, 745, 180 USPQ 324, 326 (CCPA 1974).
On these facts, we find that appellants' argument, set forth
for the first time in the Request for Rehearing, page 2, first
full paragraph, is not properly before the Board and will not
be considered. Likewise, the new evidence proffered in the
Request for Rehearing is not properly before the Board and
will not be considered.
In conclusion, appellants' request does not extend to
claim 1, recitations (1) and (3). Respecting recitation (2),
the request contains a line of argument and proffered evidence
which is not properly before the Board and will not be
considered. We therefore adhere to our original opinion and
decision in every respect, and the request for rehearing is
denied.
No time period for taking any subsequent action in
connection with this appeal may be extended under
37 CFR § 1.136(a).
DENIED
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