The opinion in support of the decision being entered
today was not written for publication in a law journal
and is not binding precedent of the Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Ex parte PAUL J. RUDECK, FRANCIS BENISTANT
and KELLY HURLEY
Appeal No. 2003-2124
Application No. 09/769,162
ON BRIEF
Before KIMLIN, PAK and WARREN, Administrative Patent Judges.
KIMLIN, Administrative Patent Judge.
REQUEST FOR REHEARING
Appellants request rehearing of our decision of
November 17, 2003, wherein we affirmed the examiner's rejections
of the appealed claims under 35 U.S.C. §§ 102(b) and 103.
We have thoroughly reviewed the arguments presented in
appellants' request, but we find that our decision is free of
error.
It is appellants' principal contention that we, as well as
the examiner, relied upon appellants' specification as an
evidentiary basis for the conclusion of inherency. According to
-1-
Page: 1 2 3 4 5 Next
Last modified: November 3, 2007