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not binding precedent of the Board.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 MICHAEL C. SCROGGIE,
MICHAEL E. KACABA, DAVID A. ROCHON
and
DAVID M. DIAMOND
_____________
Appeal No. 2004-1420
Application No. 09/567,274
______________
ON BRIEF
_______________
Before KRASS, JERRY SMITH and FLEMING, Administrative Patent Judges.
KRASS, Administrative Patent Judge.
ON REQUEST FOR REHEARING
Appellants request that we rehear, and reconsider, our decision of August 18, 2004,
wherein we sustained the examiner’s rejection of claims 28-43 under 35 U.S.C. §103.
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