Ex Parte BERGER - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                            Paper No. 43              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte KENNETH L. BERGER                               
                                     __________                                       
                                Appeal No. 1998-2066                                  
                             Application No. 08/315,629                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       

          Before MCCANDLISH, Senior Administrative Patent Judge, NASE and             
          GONZALES, Administrative Patent Judges.                                     
          GONZALES, Administrative Patent Judge.                                      

                              ON REQUEST FOR REHEARING                                
               This is in response to the appellant's request for                     
          rehearing1 (hereinafter "request") of our decision mailed June              
          29, 2000 (Paper No. 40), wherein we affirmed, inter alia, the               


          1 Filed August 28, 2000.                                                    
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