Ex Parte BENZ et al - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 32           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                      Ex parte VOLKER BENZ, WOLFGANG SCHARNKE,                        
                       MICHAEL MEIER-KAISER and MICHAEL MULLER                        
                                                                                     
                                Appeal No. 1997-2813                                  
                             Application No. 08/329,075                               
                                                                                     
                              HEARD:  November 13, 2000                               
                                                                                     

          Before KIMLIN, PAK and OWENS, Administrative Patent Judges.                 
          KIMLIN, Administrative Patent Judge.                                        


                                REQUEST FOR REHEARING                                 
               In view of appellants' petition under 37 CFR § 1.181, the              
          present application has been referred to the merits panel by the            
          Chief Administrative Patent Judge of the Board of Patent Appeals            
          and Interferences.  Appellants' petition will be treated as a               
          Request for Rehearing.                                                      
               We have reviewed appellants' petition and, based on                    
          appellants' reliance on the PTO's publicly-stated position that             

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