Ex Parte MC QUEEN - Page 3




          Appeal No. 2000-2036                                                        
          Application 08/897,484                                                      


          Appellant’s arguments that the conductor 13 of Szabo is                     
          within the shell cavity and does not produce a magnetic field on            
          the outside are arguments which were not presented before the               
          examiner in the appeal brief.  The Board does not consider                  
          arguments in a request for rehearing which were not made in the             
          original brief because we do not have the benefit of the                    
          examiner’s position with respect to these new arguments.                    
          Therefore, we will not consider appellant’s arguments near the              
          bottom of the request for rehearing.                                        
          In summary, we have carefully considered the arguments                      
          raised by appellant in the request for rehearing, but we can find           
          no errors in our original decision.  We are still of the view               
          that the invention set forth in claim 4 is anticipated by the               
          disclosure of Szabo.                                                        
          We have granted appellant’s request to the extent that we                   
          have reconsidered our decision of August 21, 2002, but we deny              
          the request with respect to making any changes therein.                     









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