Ex Parte CRUZ - 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                                    for publication and is not binding precedent of the Board.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. 24             

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                   ____________                                                        

                               BEFORE THE BOARD OF PATENT APPEALS                                                      
                                              AND INTERFERENCES                                                        
                                                     ____________                                                      
                                             Ex parte ANTHONY V. CRUZ                                                  
                                                     ____________                                                      
                                                 Appeal No. 2003-0240                                                  
                                              Application No. 09/435,507                                               
                                                     ____________                                                      
                                                       ON BRIEF                                                        
                                                     ____________                                                      
              Before COHEN, McQUADE, and NASE, Administrative Patent Judges.                                           
              NASE, Administrative Patent Judge.                                                                       



                                           ON REQUEST FOR REHEARING                                                    
                     This is in response to the appellant's request for rehearing1 of our decision mailed              
              April 30, 2003, wherein we affirmed the examiner's rejection of claims 1, 8, 15 and 16                   
              under 35 U.S.C. § 102(b), affirmed the examiner's rejection of claims 6 and 13 under                     
              35 U.S.C. § 103, reversed the examiner's rejection of claims 2 to 5 and 9 to 12 under                    




                     1 Filed June 30, 2003.                                                                            





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