Ex Parte HAGENBUCH - Page 3



          Appeal No. 1999-0017                                                        
          Application No. 08/448,764                                                  

               In view of appellant’s Donaldson argument, and the fact that           
          Weber does not use “time” as a factor in calculating a production           
          goal, appellant’s request that we reconsider our decision has               
          been granted, and our decision is hereby modified to reflect our            
          agreement with the appellant.  Accordingly, the affirmance of the           
          rejection of claims 12 and 13 under 35 U.S.C. § 103 is withdrawn.           


                                      REHEARING                                       
                                       GRANTED                                        


          KENNETH W. HAIRSTON          )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    LEE E. BARRETT               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    PARSHOTAM S. LALL            )                                    
                    Administrative Patent Judge  )                                    


          KWH:hh                                                                      



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