Ex Parte Chen et al - 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                     publication and is not binding precedent of the Board.           
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                       Ex parte JIAN J. CHEN, ROBERT G. VELTROP                       
                                 and THOMAS E. WICKER                                 
                                     ____________                                     
                                 Appeal No. 2005-1046                                 
                              Application No. 09/821,027                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     

          Before OWENS, BLANKENSHIP, and SAADAT, Administrative Patent                
          Judges.                                                                     
          OWENS, Administrative Patent Judge.                                         
                               ON REQUEST FOR REHEARING                               
               The appellants request clarification of our decision (mailed           
          August 12, 2005).  We treat the appellants’ request as a request            
          for rehearing under 37 CFR § 41.79(2004).                                   
               The appellants argue that we were inconsistent in reversing            
          rejections of claim 12 but not claims 13-15 and 17 that depend              
          directly or indirectly therefrom, and claims 32-34 but not                  
          claims 36, 38 and 40 that depend indirectly therefrom (request,             
          pages 1-2).1                                                                

               1 Claims 36, 38 and 40 depend directly from, respectively,             
          claims 35, 37 and 39 which depend directly from, respectively,              




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