The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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.Page: 1 2 3 4 5 NextLast modified: November 3, 2007