The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 DIETMAR HUGLIN, JOACHIM F. RODING, ANDREAS W. SUPERSAXO, and HANS G. WEDER __________ Appeal No. 2004-1983 Application No. 10/016,903 __________ ON BRIEF __________ Before SCHEINER, ADAMS, and GRIMES, Administrative Patent Judges. 1 Opinion by GRIMES, Administrative Patent Judge. Dissenting opinion by ADAMS, Administrative Patent Judge. REQUEST FOR REHEARING Appellants request reconsideration (rehearing) of the Board’s Decision entered November 24, 2004, in which the examiner’s rejection of the appealed claims under 35 U.S.C. § 103 was affirmed. After reconsidering the evidence of record, we agree with Appellants that the initial decision in this case was based on a misinterpretation of the prior art. Appellants’ request for rehearing is granted. As reviewed in the decision mailed November 24, 2004, the claims on appeal are directed to a method for making a cosmetic formulation. In the claimed method, certain components are mixed in a first step (step α) “with conventional stirring apparatus until a 1 The merits panel that issued the initial opinion in this case included Administrative Patent Judge Winters, who retired from the U.S. Patent and Trademark Office before Appellants filed their Request forPage: 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007