Ex parte LINK et al. - Page 2




          Appeal No. 1996-4079                                                        
          Application No. 08/239,916                                                  


          on March 24, 1999, wherein we affirmed the rejection of claims              
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          through 13 under 35 U.S.C.  103 as being unpatentable over                 
          Kavanagh in view of Imai.                                                   
               We have carefully reviewed the points of argument raised               
          by appellants in their request, however, we note that instead               
          of directing their request for rehearing to points which were               
          misapprehended or overlooked in rendering the decision on                   
          appeal as is mandated by 37 CFR  1.197(b), appellants have                 
          made new arguments not previously presented in their brief on               
          appeal.                                                                     
               For the first time, appellants’ request for rehearing                  
          argues that Kavanagh is not available as a prior art                        
          reference, because the reference is antedated by the May 7,                 
          1993 filing date of appellants’ German application No.                      
          P4315142.6.   The request for rehearing is accompanied by an3                                                                
          English language translation of the German language certified               


               The file shows that a claim for priority under 35 U.S.C.  119 and 373                                                                     
          CFR  1.55 and a certified copy of the German application were filed on May 9,
          1994, the filing date of the present application (May 7, 1994 was a Saturday).
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