Ex Parte KUGELL 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                                    for publication and is not binding precedent of the Board.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. 65             

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                  ____________                                                       

                               BEFORE THE BOARD OF PATENT APPEALS                                                    
                                             AND INTERFERENCES                                                       
                                                    ____________                                                     
                                  Ex parte STANLEY KUGELL and DAVID SILVER                                           
                                                    ____________                                                     
                                                Appeal No. 2003-1924                                                 
                                              Application No. 08/554,533                                             
                                                    ____________                                                     
                                                      ON BRIEF                                                       
                                                    ____________                                                     
             Before McQUADE, NASE, and LEVY, Administrative Patent Judges.                                           
             NASE, Administrative Patent Judge.                                                                      



                                         ON REQUEST FOR REHEARING                                                    
                    This is in response to the appellants' request for rehearing1 of our decision mailed             
             July 7, 2004, wherein we affirmed the examiner's rejection of claims 16, 17, 20, 23, 27, 30,            
             32 through 39, 42, 45, 49, 52, 54 through 62, 65, 68, 72, 75, and 77 through 81 under                   
             35 U.S.C. § 103(a) as being unpatentable over McLeod in view of Murphy and reversed                     




                    1 Filed August 31, 2004.                                                                         





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