Ex Parte FRAUWIRTH - Page 3




              Appeal No. 2002-1809                                                                 Page 3                
              Application No. 09/798,050                                                                                 


              and 18 of page 6, the art rejections of non-final Office Action of June 26, 2001 are no                    
              longer applied to the appealed claim," we cannot speculate as to what the examiner                         
              meant.  However, it is clear to us that the examiner did not mean by that statement to                     
              withdraw Wier as a reference being applied in the final rejection of claim 3 that was being                
              appealed.                                                                                                  


                     In light of the foregoing, the appellant's request for rehearing is granted to the                  
              extent of reconsidering our decision, but is denied with respect to making any change                      
              thereto.                                                                                                   



























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