Ex Parte Fuller - Page 1




               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                  today was not written for publication and is not                    
                          binding precedent of the Board.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. 24           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                             Ex parte MARK WESTON FULLER                              
                                                                                     
                                Appeal No. 2004-1300                                  
                             Application No. 09/872,564                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     

          Before KIMLIN, GARRIS and WALTZ, Administrative Patent Judges.              
          KIMLIN, Administrative Patent Judge.                                        



                                REQUEST FOR REHEARING                                 
               Appellant requests rehearing of our decision of June 16, 2004          
          wherein we affirmed the examiner's rejection of claim 1 under               
          35 U.S.C. § 102(b) over Lux.                                                
               The basis of appellant's request is that the examiner                  
          improperly denied entry of the Declarations of Mark W. Fuller,              
          the present applicant.  However, as noted in our decision, the              

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