Ex parte CIPRIANI - Page 1





              The opinion in support of the decision being entered today was not written for publication in              
                                a law journal and is not binding precedent of the Board.                                 


                                                                                     Paper No. 24                        


                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                     __________                                                          

                                   BEFORE THE BOARD OF PATENT APPEALS                                                    
                                               AND INTERFERENCES                                                         
                                                     __________                                                          

                                              Ex parte PIER M. CIPRIANI                                                  
                                                     __________                                                          

                                                Appeal No. 1997-3137                                                     
                                              Application No. 07/978,670                                                 
                                                     __________                                                          
                                                   ON REHEARING                                                          
                                                     __________                                                          


              Before WINTERS, WILLIAM F. SMITH, and GRIMES Administrative Patent Judges.                                 
              WILLIAM F. SMITH, Administrative Patent Judge.                                                             


                     Appellant requests rehearing of this appeal in light of our decision entered January                
              11, 2001 (Paper No. 21) wherein we vacated the examiner’s rejection and instituted a new                   
              of ground of rejection under 37 CFR § 1.196(b).  This rule provides                                        








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