The opinion in support of the decision being entered
today was not written for publication in a law journal
and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
Ex parte ROBERT J. VALESKY,
STEPHEN F. GROSS and TIMOTHY C. MORRIS
Appeal No. 2004-1814
Application No. 09/950,969
ON BRIEF
Before KIMLIN, WALTZ and TIMM, Administrative Patent Judges.
KIMLIN, Administrative Patent Judge.
REQUEST FOR REHEARING
Appellants request rehearing and reconsideration of our
decision of September 27, 2004, wherein we affirmed the
examiner's rejections under 35 U.S.C. § 103 of the appealed
claims.
As stated at page 5 of our decision, "[a]lthough appellants
may establish nonobviousness by proffering objective evidence of
nonobviousness, such as unexpected results, the examiner
correctly points out that no such evidence has been presented by
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