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not written for publication and is not binding precedent of the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. 30
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte RICHARD F. BAILEY Sr., RONALD A. FISHER
and STEVEN M. HOFFBERG
__________
Appeal No. 2004-0251
Application 09/853,097
___________
HEARD: January 6, 2004
___________
Before COHEN, FRANKFORT, and PATE, Administrative Patent Judges.
FRANKFORT, Administrative Patent Judge.
ON REQUEST FOR REHEARING
This is in response to appellant’s request for rehearing of
our decision mailed February 26, 2004, wherein we affirmed, inter
alia, the examiner's rejection of claims 127 through 130, 134,
137, 138 and 143 under 35 U.S.C. § 102(b) as being anticipated by
Gross, and that of claims 68, 69, 72 through 75, 127 through 130,
134, 137, 138 and 143 under 35 U.S.C. § 102(e) as being
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