Ex parte THOMAS 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                   for publication and is not binding precedent of the Board.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. 44              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
               Ex parte STAN W. THOMAS, ROGER D. KEY, KYLE G. FLUEGEL,                
                         WILLIE K. JACKSON, KEITH D. ELWELL                           
                                 AND GARY L. WHITE                                    
                                    ____________                                      
                                Appeal No. 1996-1955                                  
                             Application No. 08/392,416                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before PAK, WARREN, and KRATZ, Administrative Patent Judges.                
          PAK, Administrative Patent Judge.                                           





                              ON REQUEST FOR REHEARING                                
               Appellants request rehearing of our decision mailed                    
          September 20, 2000, wherein we affirmed the examiner’s                      
          decision rejecting the claims on appeal under the doctrine of               
          obviousness-type double patenting as unpatentable over claims               






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