Ex Parte YANG et al - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.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 ZHOU YANG, YIN-NIAN LIN,                           
                            ZHENYA ZHU and BRIAN G. RISCH                             
                                                                                     
                                Appeal No. 2003-0365                                  
                             Application No. 09/280,601                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, OWENS and KRATZ, Administrative Patent Judges.               
          KIMLIN, Administrative Patent Judge.                                        


                                REQUEST FOR REHEARING                                 
               Appellants request rehearing and clarification of our                  
          decision of February 25, 2003, wherein we affirmed the examiner's           
          rejection of claims 116-135 over the judicially created doctrine            
          of obviousness-type double patenting, as well as the examiner's             
          rejections under 35 U.S.C. § 112, first and second paragraphs, of           
          claims 23-58, 80-115, 121, 122, 133, 134 and 135.  We did not               



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