Appeal No. 97-3215
Application 08/619,098
argument regarding “hindsight.” Since these arguments have been presented by appellant
for the first time in the request, they are improper and not considered.
In reconsidering our earlier decision regarding claims 30 and 31, pursuant to
appellant’s request for rehearing, we determine that we reached a correct conclusion of
obviousness fairly based upon correct factual predicates, as can be discerned from the
content of our decision.
In conclusion, we have carefully reconsidered our earlier decision in light of
appellant’s request. However, for the reasons discussed above, we are not persuaded to
alter our position on the obviousness of the presently claimed subject matter. Therefore,
the request is granted to the extent of reconsidering our decision, but is denied with
respect to making any changes therein.
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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