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today was not written for publication and is not
binding precedent of the Board.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. 53
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Ex parte MICHAEL C. SCROGGIE, DAVID A. ROCHON,
DAVID W. BANKER and WILL GARDENSWARTZ
Appeal No. 2004-1267
Application No. 08/873,974
ON BRIEF
Before KRASS, FLEMING and DIXON, Administrative Patent Judges.
KRASS, Administrative Patent Judge.
ON REQUEST FOR REHEARING
Appellants request rehearing of our decision of July 29,
2004, wherein we affirmed the examiner’s decision rejecting
claims 52, 53, 55-59, 62, 72 and 82 under 35 U.S.C. § 103.
Initially, appellants argue that we have not decided an
issue involving a rejection under 35 U.S.C. § 112, even though
that rejection had been withdrawn by the examiner and was not on
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