Ex Parte TUNIS 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          written for publication and is not binding precedent of the Board.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. 38              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                           Ex parte GEORGE C. TUNIS, III,                             
                              WILLIAM H. SEEMANN, III,                                
                                         and                                          
                                   PASS CHRISTIAN                                     
                                     __________                                       
                                Appeal No. 2001-0775                                  
                             Application No. 08/612,251                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      

          Before KRATZ, TIMM, and PAWLIKOWSKI, Administrative Patent                  
          Judges.                                                                     
          PAWLIKOWSKI, Administrative Patent Judge.                                   

                              ON REQUEST FOR REHEARING                                
               Pursuant to the provision of 37 CFR § 1.197(b)(amended                 
          December 1, 1997), appellants have submitted a Request for                  
          Rehearing (hereafter “Request”) of our decision dated January 24,           
          2003.                                                                       
               In appellants’ request, appellants state that there is no              
          mention within Seemann of using a portion of the bag as a mold              
          for the article.  (Request, page 2.)                                        
               Appellants also state that they appreciate the Board’s point           
          that the bag disclosed in Seemann is rigid enough in maintaining            
          its internal channel structure to be interpreted as a mold in               






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