Ex Parte MATTHEWS et al - 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               and is not binding precedent of the Board.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. 33              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     

                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     

                          Ex parte JOSEPH H. MATTHEWS, III,                           
                                 DAVID WM. PLUMMER,                                   
                                 and DAVID A. BARNES                                  
                                                                                     
                                Appeal No. 2003-0789                                  
                               Application 09/422,654                                 
                                                                                     
                               HEARD: October 21, 2003                                
                                                                                     
          Before BARRETT, FLEMING, and BLANKENSHIP, Administrative Patent             
          Judges.                                                                     
          BARRETT, Administrative Patent Judge.                                       


                          DECISION ON REQUEST FOR REHEARING                           
               Appellants timely filed a request for rehearing1 (Paper                
          No. 31) by facsimile on December 31, 2003, of our decision (Paper           


          1  The facsimile copy was not matched with the file and a                   
          notice of abandonment (Paper No. 29) was sent out on                        
          February 24, 2004.  A request to withdraw the notice of                     
          abandonment (Paper No. 30) was filed on March 24, 2004, which was           
          granted by a petition decision (Paper No. 32) on April 21, 2004.            
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