Appeal No. 2001-0336
Application No. 09/059,865
we reverse the rejection of claims 12 through 23 under 35 U.S.C.
§ 103.
Appellant filed a second request for rehearing which
presents a Terminal Disclaimer, not before us at the time of our
decision. The second rehearing requests that we reconsider our
decision of the rejection under obviousness-type double patenting
in light of this Terminal Disclaimer. We will not reconsider our
decision because the Board will only consider a single request
for rehearing and the Board will only consider matters that the
Board misapprehended or overlooked in rendering our decision as
per 37 CFR § 1.197(b). The newly presented Terminal Disclaimer
was not before us when we rendered our decision and it would be
improper for us to consider it now.
Appellant's first request for rehearing is granted and the
second request is denied.
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