Ex Parte HEMMINGER et al - Page 11




                 Appeal No. 2001-1866                                                                                 Page 11                     
                 Application No. 08/478,606                                                                                                       


                         We have granted the appellants' request to the extent that we have reconsidered                                          
                 our original decision, but we deny the request with respect to making any changes                                                
                 therein.  As we noted in our original decision, our affirmances are based only on the                                            
                 arguments made in the briefs.  Arguments not made therein are neither before us nor at                                           
                 issue but are considered waived.  37 C.F.R. § 1.192(a).  No time for taking any action                                           
                 connected with this appeal may be extended under 37 C.F.R. § 1.136(a).                                                           


                                                                   DENIED                                                                         




                                          JERRY SMITH                                         )                                                   
                                          Administrative Patent Judge                         )                                                   
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                                                                                              ) BOARD OF PATENT                                   
                                          ANITA PELLMAN GROSS                                 )     APPEALS                                       
                                          Administrative Patent Judge                         )       AND                                         
                                                                                              )  INTERFERENCES                                    
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                                          LANCE LEONARD BARRY                                 )                                                   
                                          Administrative Patent Judge                         )                                                   












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