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publication and is not binding precedent of the Board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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte MATTHEW M. HENRY
_____________
Appeal No. 1999-0681
Application No. 08/697,478
_____________
ON BRIEF
_____________
Before MCCANDLISH, Senior Administrative Patent Judge, COHEN and
STAAB, Administrative Patent Judges.
MCCANDLISH, Senior Administrative Patent Judge.
ON REQUEST FOR REHEARING
Appellant has requested a rehearing from a new ground of rejection which we
introduced pursuant to 37 CFR § 1.196(b) in our decision mailed January 31, 2001 (Paper
No. 22). In that decision, we reversed the examiner’s rejections of the appealed claims
and, pursuant to the provisions of 37 CFR § 1.196(b), rejected the appealed claims under
the first paragraph of 35 U.S.C. § 112 as being based on a specification which, as filed,
does not satisfy the description requirement in that paragraph. We have carefully
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