Ex parte THOEREN et al. - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 44                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                   Ex parte KLAUS THOEREN ET AL.                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1997-1620                                                                         
                                                      Application No. 08/409,9591                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before CALVERT, COHEN, and NASE, Administrative Patent Judges.                                                                         
                 NASE, Administrative Patent Judge.                                                                                                     


                                                        ON REQUEST FOR REHEARING                                                                        
                          This is in response to the appellant's request for                                                                            
                 rehearing  of our decision mailed March 11, 1999, wherein we2,3                                                                                                                   


                          1Application for patent filed March 23, 1995.  According                                                                      
                 to the appellants, the application is a continuation of                                                                                
                 Application No. 08/099,528, filed July 30, 1993, now                                                                                   
                 abandoned.                                                                                                                             
                          2Filed April 12, 1999.                                                                                                        
                          3Effective 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.                                                                         





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