Ex parte BUTLER - Page 1




                                              THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                                             

                     The opinion in support of the decision being entered today (1) was not written for                                                                                
                     publication in a law journal and (2) is not binding precedent of the Board.                                                                                       

                                                                                                                                 Paper No. 36                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                               _____________                                                                                           

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                         AND INTERFERENCES                                                                                             
                                                                               _____________                                                                                           

                                                                 Ex parte ROBERT P. BUTLER, JR.                                                                                        
                                                                               _____________                                                                                           

                                                                            Appeal No. 97-2967                                                                                         
                                                                         Application 07/908,9671                                                                                       
                                                                              ______________                                                                                           

                                                                     HEARD: JANUARY 15, 1998                                                                                           
                                                                              _______________                                                                                          

                     Before McQUADE, NASE and CRAWFORD, Administrative Patent Judges.                                                                                                  

                     CRAWFORD, Administrative Patent Judge.                                                                                                                            


                                                                 ON REQUEST FOR REHEARING                                                                                              
                                This decision is in response to appellant’s request for reconsideration  of our decision mailed    2                                                   

                     February 20, 1998, wherein the examiner’s rejection of claims 23, 24, 26, 27 and 43-47 under 35                                                                   

                                1Application for patent filed July 6, 1992.  According to applicant, this application is a                                                             
                     continuation-in-part of Application 07/406,723, filed September 13, 1989.                                                                                         
                                2Effective Dec. 1, 1997, 37 CFR § 1.197(b) was amended to change the term                                                                              
                     “reconsideration” to “rehearing.”  See the final rule notice published at 62 Fed. Reg. 53131, 53197                                                               
                     (Oct. 10, 1997), 1203 Off. Gaz. Pat. Office 63, 122 (Oct. 21, 1997)).                                                                                             
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