Ex Parte BRILL 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            written for publication and is not binding precedent of the Board.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. 23              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                  Ex parte FRANK Z. BRILL and BRUCE E. FLINCHBAUGH                    
                                    _____________                                     
                                Appeal No. 2003-1420                                  
                             Application No. 09/338,202                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before HAIRSTON, FLEMING, and DIXON, Administrative Patent                  
          Judges.                                                                     
          HAIRSTON, Administrative Patent Judge.                                      

                              ON REQUEST FOR REHEARING                                
               Appellants have requested that we reconsider our September             
          9, 2004 decision wherein we affirmed the rejection of claims 16,            
          21, 22, 36 and 41 under 35 U.S.C. § 103(a) based upon the                   
          teachings of Courtney.                                                      
               Courtney teaches (column 7, lines 52 through 57) that the              
          motion based event detection system (Figures 1, 5 and 6)                    
          generates a set of features referred to as a video-object or V-             





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