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not written for publication and is not binding precedent of the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. 29
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte R. LEE ROBERTS,
MARK KEVIN ADDISON
and ANDREW SCOTT TAYLOR
__________
Appeal No. 2002-1430
Application 09/935,365
___________
ON BRIEF
___________
Before COHEN, STAAB, and MCQUADE, Administrative Patent Judges.
MCQUADE, Administrative Patent Judge.
ON REQUEST FOR REHEARING
Pursuant to 37 CFR § 1.197(b), R. Lee Roberts et al. request
rehearing of our decision on appeal rendered January 27, 2003
(Paper No. 27). The appellants have limited the request to that
part of the decision under the heading “IV. Additional matter for
consideration” wherein we stated:
[u]pon return of the application to the technology
center, the examiner should consider whether the
extruded multi-block sections or lengths disclosed by
Roberts and Berkebile, considered in conjunction with
the conventional 4 foot individual block length taught
by Brown ‘388 and admitted to be prior art [by]
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