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for publication and is not binding precedent of the Board.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. 40
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte SCOTT R. SUMMERFELT, HOWARD R. BERATAN, and BRUCE GNADE
____________
Appeal No. 2000-0366
Application No. 08/477,957
____________
ON BRIEF
____________
Before LALL, DIXON, and BLANKENSHIP, Administrative Patent Judges.
LALL, Administrative Patent Judge.
ON REQUEST FOR REHEARING
Appellants request that we reconsider our decision of
August 9, 2002 wherein we reversed the rejection of claims 23-42
under 35 U.S.C. § 103 and instituted a new ground of rejection for
claim 23 under 37 CFR § 1.196(b). Specifically, Appellants argue
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