Ex Parte YAMANAKA et al - 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                                today was not written for publication and is not binding                                      
                                precedent of the Board.                                                                       
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     _______________                                                          
                                      BEFORE THE BOARD OF PATENT APPEALS                                                      
                                                  AND INTERFERENCES                                                           
                                                     _______________                                                          
                                            Ex parte MASAAKI YAMANAKA,                                                        
                                       HIROSHI KOYAMA and YASUHIRO UEDA                                                       
                                                      ______________                                                          
                                                   Appeal No. 2005-2639                                                       
                                                   Application 08/855,905                                                     
                                                     _______________                                                          
                                                         ON BRIEF                                                             
                                                     _______________                                                          
              Before KIMLIN, GARRIS and WARREN, Administrative Patent Judges.                                                 
              WARREN, Administrative Patent Judge.                                                                            
                                                 On Request For Rehearing                                                     
                      This is a request for rehearing under 37 CFR § 41.52 (2005).  Requests for rehearing                    
              must comply with 37 CFR § 41.52(a)(1) (2005) which specifies that “[t]he request for rehearing                  
              must state with particularity the points believed to have been misapprehended or overlooked by                  
              the Board.”  See also Manual of Patent Examining Procedure (MPEP) § 1214.03 (8th ed., Rev. 3,                   
              August 2005).                                                                                                   
              Appellants request rehearing of our decision entered December 16, 2005, affirming the                           
              examiner’s rejection of appealed claims 1 and 28 through 49 under 35 U.S.C. § 103(a) as being                   
              unpatentable over Takashi in view of Ohba and Ueda (request, page 1).  Appellants contend                       
              (1) that we failed to consider a three-layered synthetic paper specifically encompassed by                      
              appealed claim 47 and thus, improperly dismissed the experiments performed in the Yamanaka                      



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