Ex parte PODLASECK et al. - Page 1






                                          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                                    was not written for publication and is not binding precedent of                                            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. 33                               

                                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                                
                                                            _______________                                                                    

                                            BEFORE THE BOARD OF PATENT APPEALS                                                                 
                                                         AND INTERFERENCES                                                                     
                                                            _______________                                                                    

                                     Ex parte STANLEY PODLASECK, GENE P. SHUMAKER,                                                             
                                              PAUL D. RIMER and ROGER A. PURCELL                                                               
                                                             ______________                                                                    

                                                          Appeal No. 1996-3533                                                                 
                                                          Application 08/203,624                                                               
                                                            _______________                                                                    

                                                        HEARD: February 9, 2000                                                                
                                                            _______________                                                                    

                Before PAK, WARREN and WALTZ, Administrative Patent Judges.                                                                    

                WARREN, Administrative Patent Judge.                                                                                           
                                                        On Request For Rehearing                                                               
                         Appellants request rehearing under 37 CFR  1.197(b) (1997) of our decision dated February                            
                29, 2000 (Paper No. 27) affirming the examiner’s rejection of appealed claims 1 through 20 under 35                            
                U.S.C.  103 as being unpatentable over Gamble in view of Morgan.  Appellants contend (1) that our                             
                opinion includes new grounds of rejection of (a) claims 5 and 6, because the examiner “did not rely on                         
                ‘admitted prior art’ to reject” these claims, and (b) of claim 18, because the examiner “did not rely on                       
                ‘overlapping subject matter’ to reject” this claim, that were not designated as such under 37 CFR                             
                1.196(b) (1997); and (2) that we must reverse the ground of rejection of record because we gave “the                           
                claimed phrase ‘in a resin’ . . . an unreasonable interpretation” in our opinion (request, page 1).                            


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