Ex Parte JONES - Page 6




          Appeal No. 1999-0117                                                        
          Application 08/702,948                                                      


          open, or both closed, or one open and one closed, it is not                 
          apparent to us how one of these possible channel configuration              
          choices, namely, both closed, is an inherent characteristic of              
          the helical channel.  Nor is it apparent to us that the mere                
          disclosure of a helical channel, in and of itself, would be                 
          construed by a person skilled in the art as a disclosure of a               
          channel having both ends closed.                                            
               Appellant’s request for rehearing is granted to the extent             
          of reconsidering our decision, but is denied as to making any               
          change thereto.                                                             
                                       DENIED                                         




                         NEAL E. ABRAMS                )                              
                         Administrative Patent Judge   )                              
                                                      )                              
                                                      )                              
                                                      )                              
                         LAWRENCE J. STAAB             )  BOARD OF PATENT             
                         Administrative Patent Judge   )  APPEALS AND                 
                                                      )   INTERFERENCES              
                                                      )                              
                                                      )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              





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