Ex Parte Haan - Page 1




                           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                                  for publication and is not binding precedent of the Board.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 HENDRIK M. HAAN                                             
                                                 ____________                                                  
                                             Appeal No. 2004-2036                                              
                                           Application No. 09/885,264                                          
                                                 ____________                                                  
                                                   ON BRIEF                                                    
                                                 ____________                                                  
             Before FRANKFORT, STAAB and BAHR, Administrative Patent Judges.                                   
             BAHR, Administrative Patent Judge.                                                                



                                        ON REQUEST FOR REHEARING                                               
                   This is a decision on appellant’s request for rehearing (Paper No. 35) of our               
             decision mailed September 29, 2004 (Paper No. 34) sustaining the examiner’s rejection             
             of claim 1 as being unpatentable over Rius and entering a new rejection of claims 2 and           
             3 under 35 U.S.C. § 112, second paragraph.  In other words, this is a decision both on            
             appellant’s request for rehearing under 37 CFR § 41.52(a)(1) with regard to the affirmed          
             rejection of claim 1 and on appellant’s request for rehearing under 37 CFR § 41.50(b)(2)          
             with regard to the new ground of rejection of claims 2 and 3.                                     






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