Ex parte SEBER 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                                   for publication and is not binding precedent of the Board.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. 28             
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                            
                                                   ____________                                                    
                                   BEFORE THE BOARD OF PATENT APPEALS                                              
                                              AND INTERFERENCES                                                    
                                                   ____________                                                    
                                          Ex parte BRETT P. SEBER et al.                                           
                                                   ____________                                                    
                                               Appeal No. 1998-3423                                                
                                             Application No. 08/584,962                                            
                                                   ____________                                                    
                                                     ON BRIEF                                                      
                                                   ____________                                                    
             Before ABRAMS, STAAB, and McQUADE, Administrative Patent Judges.                                      
             ABRAMS, Administrative Patent Judge.                                                                  



                                         ON REQUEST FOR REHEARING                                                  
                    This case comes before us again on request for rehearing of our decision of                    
             September 5, 2000, wherein we affirmed the decision of the examiner.  The appellants                  
             requested that we reconsider certain aspects of the reasoning which led to our conclusion             
             to affirm the examer’s positions.  We have done so and, for the reasons expressed below,              
             we have altered our decision.  The Request for Rehearing is GRANTED.                                  












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