The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 20 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte DONALD S. FARQUHAR, KONSTANTINOS I. PAPATHOMAS and MARK D. POLIKS __________ Appeal No. 2004-0606 Application 09/781,730 ___________ ON BRIEF ___________ Before PAK, OWENS and TIMM, Administrative Patent Judges. OWENS, Administrative Patent Judge. ON REQUEST FOR REHEARING In our decision mailed February 24, 2004, we affirmed rejections of claims 23, 25, 29, 32, 35, 36, 40-43 and 45 under 35 U.S.C. § 102(b) over Johnson, claims 24, 33 and 46-48 under 35 U.S.C. § 103 over Johnson in view of the appellants’ admitted prior art, claim 37 under 35 U.S.C. § 103 over Johnson in view of Ueno and Kusano, and claims 39 and 49 under 35 U.S.C. § 103 over Johnson in view of Kodokian. The appellants request 1Page: 1 2 3 4 5 6 NextLast modified: November 3, 2007