Ex Parte Cornelius - 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          not written for publication and is not binding precedent of the             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 LESTER CORNELIUS                                
                            ___________                                               
                                Appeal No. 2003-0757                                  
                             Application No. 09/849,884                               
                                     __________                                       
                                      ON BRIEF                                        
                                      _________                                       
          Before GARRIS, WALTZ, and JEFFREY T. SMITH, Administrative Patent           
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         

          REQUEST FOR REHEARING                                                       
               Appellant has submitted a Request for Rehearing dated July             
          22, 2003, Paper No. 21 (hereafter the “Request”).  Appellant                
          requests a rehearing under 37 CFR § 1.197(b) of our decision                
          dated June 26, 2003, Paper No. 20 (hereafter the “Decision”).  In           
          the Decision, we affirmed the examiner’s rejection of claims 9              
          through 13, the only claims remaining in this application, under            
          the first paragraph of 35 U.S.C. § 112, “as containing subject              
          matter which was not described in the specification in such a way           
          as to reasonably convey to one skilled in the relevant art that             




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