Ex Parte Valesky et al - Page 3



          Appeal No. 2004-1814                                                        
          Application No. 09/950,969                                                  

          about 7% by weight" and "not more than about 10% by weight"                 
          includes 0%.                                                                
               In conclusion, based on the foregoing, appellants' request             
          is granted to the extent we have reconsidered our decision, but             
          is denied with respect to making any change therein.                        
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a)(1)(iv) (effective Sep. 13, 2004; 69 Fed. Reg. 49960              
          (Aug. 12, 2004); 1286 Off. Gaz. Pat. Office 21 (Sep. 7, 2004)).             
                                       DENIED                                         


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         THOMAS A. WALTZ               ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         CATHERINE TIMM                )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     



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