Appeal No. 96-2905
Application No. 29/008,076
(Bd. Pat. App. & Inter. 1985) (five-member panel); and Ex
parte Jackson, 217 USPQ 804, 806 (Bd. Pat. App. & Inter.
1982) (nine-member panel because legal issue was one of
first impression).
Thus, under these circumstances, the PTO cannot be said
to be acting arbitrarily and capriciously to deprive the
appellant of a property right without due process of law.
In light of the foregoing, the appellant's request for
rehearing is granted to the extent of reconsidering our
decision, but is denied with respect to making any change
thereto.
No period for taking any subsequent action in connection
with this appeal may be extended under 37 CFR § 1.136(a).
REQUEST FOR REHEARING - DENIED
BRUCE H. STONER, Jr., Chief )
Administrative Patent Judge )
)
)
)
)
MARC L. CAROFF )
Administrative Patent Judge )
) BOARD OF PATENT
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