Appeal No. 1996-4079
Application No. 08/239,916
Board in appeal and not discussed by examiner is not
appropriate for decision by Board on petition for
reconsideration). Note also In re Kroekel, 803 F.2d 705, 708,
231 USPQ 640, 642 (Fed. Cir. 1986) and Cooper v. Goldfarb, 154
F.3d 1321, 1331, 47 USPQ2d 1896, 1904 (Fed. Cir. 1998) wherein
the Court noted that a party cannot wait until after the Board
has rendered an adverse decision and then present new
arguments in a request for reconsideration.
The appellant's 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).
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