Ex Parte Scroggie et al - Page 7




               Appeal No. 2004-1420                                                                                                   
               Application 09/567,274                                                                                                 



               reference in a somewhat different manner than did the examiner, appellants have not                                    
               convincingly shown any error in our application of the reference.                                                      


                       Accordingly, since, in our view, appellants have not shown any error in our decision,                          
               while we grant appellants’ request for rehearing to the extent that we have reconsidered our                           
               decision, we deny the request with respect to making any changes therein.                                              


                       No time period for taking any subsequent action in connection with this appeal may be                          
               extended under 37 CFR § 1.136(a).                                                                                      
                                                              DENIED                                                                  


                                               ERROL A. KRASS                         )                                               
                                               Administrative Patent Judge            )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      )                                               
                                                                                      ) BOARD OF PATENT                               
                                               JERRY SMITH                            )     APPEALS                                   
                                               Administrative Patent Judge            )       AND                                     
                                                                                      )  INTERFERENCES                                
                                                                                      )                                               
                                                                                      )                                               
                                                                                      )                                               
                                               MICHAEL R. FLEMING                     )                                               
                                               Administrative Patent Judge            )                                               
               EAK:psb                                                                                                                

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