Ex Parte Callegari et al - Page 3




          Appeal No. 2004-0655                                                        
          Application No. 09/740,721                                                  


          31 USPQ2d 1105, 1106 (Bd. Pat. App. & Int. 1993).  Also, as                 
          stated in our decision, "to the extent that the claim language              
          'processing and fabrication' includes the process of making the             
          thin film transistor device, the limitation is product-by-process           
          in nature, and does not further limit the structure of the                  
          claimed device" (page 7 of decision, first paragraph).  In re               
          Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985).              
               In conclusion, appellants' request is granted to the extent            
          we have reconsidered our decision, but is denied with respect to            
          making any change therein.                                                  
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                       DENIED                                         


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         CHUNG K. PAK                  ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         BEVERLY PAWLIKOWSKI           )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     

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