Ex Parte LEIJON - 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               written for publication and is not binding precedent of the Board.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. 50                                                                
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                                 Ex parte MATS LEIJON                                 
                                     ____________                                     
                                 Appeal No. 2002-2050                                 
                              Application No. 08/973,019                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before STONER, Chief Administrative Patent Judge and                        
          THOMAS and GROSS, Administrative Patent Judges.                             

          GROSS, Administrative Patent Judge.                                         


                                 REQUEST FOR REHEARING                                
               In a decision dated April 16, 2003, the decision of the                
          examiner rejecting claims 1 through 10, 12 through 21, 25, 27               
          through 32, 34, 36, 37, and 39 through 45 under 35 U.S.C. § 103             
          was affirmed.  A request for rehearing was filed on June 16,                
          2003.                                                                       
               Appellant contends (Request, pages 1-3) that by relying on             
          Elton '077 in our decision we improperly made a new ground of               
          rejection.  Specifically, appellant states (Request, pages 1-2)             
          that since the examiner's rationale did not rely on Elton '077,             






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