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for publication and is not binding precedent of the Board.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 M. DAVID BOOTHE
____________
Appeal No. 2004-2282
Application No. 09/989,555
____________
ON BRIEF
____________
Before MCQUADE, NASE, and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
ON REQUEST FOR REHEARING
This is a decision on appellant’s request for rehearing of our decision mailed
November 17, 2004, wherein we affirmed the examiner’s decision to reject claims 9-11
under 35 U.S.C. § 103 as being unpatentable over Recchione in view of any of Lacey,
Dollman and Coultaus and unpatentable over Finch in view of any of Lacey, Dollman
and Coultaus. Notwithstanding appellant’s reference to 37 CFR § 1.197, we have
treated this request under 37 CFR § 41.52(a)(1) (effective September 13, 2004, 69 Fed.
Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
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