Ex parte TAGG - 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               journal and (2) is not binding precedent of the Board.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. 23                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                              Ex parte RICHARD L. TAGG                                
                                  ________________                                    
                                Appeal No. 1998-3315                                  
                               Application 08/739,065                                 
                                  ________________                                    
                              HEARD:  FEBRUARY 7, 2000                                
                                  ________________                                    
          Before FRANKFORT, STAAB and NASE, Administrative Patent                     
          Judges.                                                                     
          STAAB, Administrative Patent Judge.                                         


                              ON REQUEST FOR REHEARING                                
               This case comes before us again on request for rehearing               
          of our decision mailed February 17, 2000, in which we reversed              
          the examiner’s rejection of claim 1 under 35 U.S.C.  112,                  
          first paragraph, and affirmed the examiner’s rejection of                   
          claim 1 under 35 U.S.C.  112, second paragraph.                            
                                         -1-                                          





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