Appeal No. 1996-4079
Application No. 08/239,916
on March 24, 1999, wherein we affirmed the rejection of claims
1
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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