Ex Parte KASPERKOVITZ 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                               publication and is not binding precedent of the Board.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. 20                       
                                                                                                                    
                             UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                  _____________                                                      
                                  BEFORE THE BOARD OF PATENT APPEALS                                                 
                                              AND INTERFERENCES                                                      
                                                  _____________                                                      
                    Ex parte WOLFDIETRICH G. KASPERKOVITZ and CICERO S. VAUCHER                                      
                                                  _____________                                                      
                                              Appeal No. 2001-0583                                                   
                                            Application No. 09/039,348                                               
                                                 ______________                                                      
                                                     ON BRIEF                                                        
                                                _______________                                                      
             Before HAIRSTON,  KRASS and SAADAT,  Administrative Patent Judges.                                      
             KRASS, Administrative Patent Judge.                                                                     

                                         ON REQUEST FOR REHEARING                                                    

                    Appellants request rehearing of our decision of July 16, 2002, wherein we                        
             sustained the rejection of claims 1 and 4-8 under 35 U.S.C. § 102 (b) as anticipated by                 
             Gilmore.                                                                                                
                    First, appellants contend that if we redraw the boxes around the elements of                     
             Gilmore, as suggested at page 5 of our decision, and as shown by appellants at page 2                   




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