Ex Parte HIGTON 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          not written for publication and is not binding precedent of the             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. 19              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                         Ex parte GARY HIGTON, ROGER GLYDE                            
                               AND ROBERT A. WILKINSON                                
                                     __________                                       
                                Appeal No. 2001-2071                                  
                               Application 09/285,921                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before OWENS, WALTZ and POTEATE, Administrative Patent Judges.              
          OWENS, Administrative Patent Judge.                                         



                              ON REQUEST FOR REHEARING                                
               The appellants request rehearing of our decision (mailed               
          August 27, 2002, paper no. 17) wherein we affirmed the rejection            
          of claims 1-14 under 35 U.S.C. § 103 over Song.                             
               In their brief the appellants argued that the data in their            
          specification (page 24, table 1) show that concentrates formed by           
          blending the appellants’ components (A) and (B) in the presence             









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