Ex parte SAUER - 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          (2) is not binding precedent of the Board.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. 31              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                                Ex parte GERD SAUER                                   
                                   _____________                                      
                                Appeal No. 1996-2388                                  
                             Application No. 08/147,485                               
                                   ______________                                     
                                HEARD: JUNE 10, 1999                                  
                                   _______________                                    

          Before URYNOWICZ, FLEMING and RUGGIERO, Administrative Patent               
          Judges.                                                                     
          RUGGIERO, Administrative Patent Judge.                                      

                              ON REQUEST FOR REHEARING                                
               Appellant requests that we reconsider our decision of                  
          March 8, 2000 wherein we sustained the Examiner’s rejection of              
          claims 1-7 under 35 U.S.C.  103.                                           
               In our previous decision, we determined that the Examiner              
          had established a prima facie case of obviousness based on                  

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