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publication and is not binding precedent of the Board.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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DAVID SOLARES and KEVIN MARK KIRKLAND
____________
Appeal No. 2004-1403
Application No. 09/908,224
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ON BRIEF
____________
Before KRATZ, TIMM, and JEFFREY T. SMITH, Administrative Patent
Judges.
KRATZ, Administrative Patent Judge.
ON REQUEST FOR REHEARING
This is in response to a request, filed August 30, 2004, for
rehearing of our decision, mailed June 30, 2004, wherein we
affirmed the examiner’s decision rejecting all appealed claims
under 35 U.S.C. § 102(b) as being anticipated by Harpell.
In the subject request, the appellants argue that our
decision with respect to our affirmance of the examiner’s
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