Appeal No. 2004-1644
Application No. 10/071,341
37 CFR § 41.52 (a)(1) (2004) provides as follows:
Appellant may file a single request for rehearing within two months
from the date of the original decision of the Board. No request for
rehearing from a decision on rehearing will be permitted, unless the
rehearing decision so modified the original decision as to become,
in effect, a new decision, and the Board states that a second
request for rehearing would be permitted. The request for rehearing
must state with particularity the points believed to have been
misapprehended or overlooked by the Board. Arguments not raised
in the briefs before the Board and evidence not previously relied
upon in the brief and any reply brief(s) are not permitted in the
request for rehearing except as permitted by paragraphs (a)(2) and
(a)(3) of this section. When a request for rehearing is made, the
Board shall render a decision on the request for rehearing. The
decision on the request for rehearing is deemed to incorporate the
earlier opinion reflecting its decision for appeal, except for those
portions specifically withdrawn on rehearing, and is final for the
purpose of judicial review, except when noted otherwise in the
decision on rehearing.
We have reconsidered our decision of August 31, 2004, in light of Appellants’
comments in the request for rehearing, and we find no error therein. We,
therefore, decline to make any changes in our prior decision for the reasons
which follow.
Appellants assert that the Board has overlooked the plain teaching of the
Allender reference because Allender teaches that in his process that
hydrogenation of dienes is not necessary. In support of this argument the
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