The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE ___________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ___________ Ex parte NEW WORLD PASTA COMPANY ____________ Appeal No. 2005-1466 Reexamination No. 90/006,515 _____________ ON BRIEF _____________ Before GARRIS, FRANKFORT, and NAPPI, Administrative Patent Judges. GARRIS, Administrative Patent Judge. ON REQUEST FOR RECONSIDERATION This is in response to a request, filed January 30, 2006, for rehearing of our decision, mailed November 30, 2005, wherein we sustained the examiner’s § 102(b) rejection of the design claim on appeal as being anticipated by D’Apuzzo. In the subject request, appellant reiterates the position advanced in the brief and reply brief which is, in essence, that the pasta design shown in Figure 1 of D’Apuzzo is inadequate to establish a prima facie case of anticipation for the appealed claim to an ornamental design for pasta. For example, on page 3 of the request, appellant presents the following argument:Page: 1 2 3 4 NextLast modified: November 3, 2007