Ex Parte Rhoads - 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                         not binding precedent of the Board                           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. 22                   
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    _______________                                   
                           BEFORE THE BOARD OF PATENT APPEALS                         
                                   AND INTERFERENCES                                  
                                    _______________                                   
                             Ex parte GEOFFREY B. RHOADS                              
                                     ______________                                   
                                   Appeal No. 2002-0012                               
                              Application 09/545,174                                  
                                    _______________                                   
                              ON BRIEF                                                
                                    _______________                                   
          Before THOMAS, HAIRSTON, and LEVY, Administrative Patent Judges.            
          THOMAS, Administrative Patent Judge.                                        
                                                                                     
                                ON REQUEST FOR REHEARING                              
               In a paper bearing a Certificate of Mailing of September 30,           
          2003, appellant requests that we rehear our decision mailed on              
          July 31, 2003, in which we affirmed the examiner's rejection of             
          claims 1-16 under 35 U.S.C. § 103.  Inasmuch as we agree with               
          some of the positions set forth by appellant in the Request for             
          Rehearing, our original decision to affirm the examiner's                   
          rejection of the claims under 35 U.S.C. § 103 is hereby changed,            
          such that now we reverse that rejection.                                    


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