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 -3-Page: Previous 1 2 3 4 NextLast modified: November 3, 2007