Ex Parte ARNO - 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          not written for publication and is not binding precedent of the             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. 36              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                                Ex parte JOSE I. ARNO                                 
                                     __________                                       
                                Appeal No. 2004-1937                                  
                             Application No. 09/086,033                               
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       
          Before GARRIS, WALTZ, and DELMENDO, Administrative Patent Judges.           
          GARRIS, Administrative Patent Judge.                                        
                              ON REQUEST FOR REHEARING                                
               This is in response to a request, filed October 14, 2004,              
          for rehearing of our decision, mailed September 16, 2004, wherein           
          we affirmed the examiner’s written description rejection of all             
          appealed claims under the first paragraph of 35 U.S.C. 112.                 
               In our decision, we agreed with the examiner that the                  
          written description requirement was violated by the independent             
          claim limitation involving the maintenance of a pH level of about           

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