Ex Parte No Data - 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                              for publication and is not binding precedent of the Board.                                         

                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                       ____________                                                              
                                   BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                 AND INTERFERENCES                                                               
                                                       ____________                                                              
                                              Ex parte JANET SCHWARTZ                                                            
                                                       ____________                                                              
                                                     Appeal 2003-2019                                                            
                                                Reexamination 90/004,933                                                         
                                                 Technology Center 1700                                                          
                                                       ____________                                                              
                                                Decided:  August 28, 2006                                                        
                                                       ____________                                                              
                  Before OWENS, KRATZ, and TIMM, Administrative Patent Judges.                                                   
                  TIMM, Administrative Patent Judge.                                                                             


                                      DECISION ON REQUEST FOR REHEARING                                                          
                          On July 12, 2006, Appellant filed a Request for Rehearing of our                                       
                  Decision of May 28, 2004.  Because an Amendment to the claims                                                  
                  accompanied Appellant’s Request (Amendment of July 12, 2004), we                                               
                  remanded the Reexamination Proceeding to the Examiner for purposes of                                          
                  determining whether entry of the Amendment was appropriate and further                                         
                  action if necessary (Remand of August 23, 2004).  Appellant then withdrew                                      
                  the Amendment and a Second Amendment in favor of a Third Amendment                                             





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