Ex Parte TANAKA et al - Page 5




          Appeal No. 2001-1801                                                        
          Application 09/136,659                                                      


          on appeal, we nonetheless find that they are fully capable of               
          such uses and structurally respond to the requirements of the               
          claims on appeal. Note, in this regard, our reliance on page 7 of           
          the earlier decision on In re Schreiber, 128 F.3d 1473, 1477, 44            
          USPQ2d 1429, 1431 (Fed. Cir. 1997), which case appellants have              
          not commented on in their request for rehearing.                            


          In light of the foregoing, appellants’ request is granted to                
          the extent of reconsidering our decision, but is denied with                
          respect to making any changes therein.                                      



























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