Ex Parte Tobita - Page 7



          Appeal No. 2005-1384                                                        
          Application 09/886,200                                                      

          Rehearing, appellant had the opportunity in the form of filing              
          the brief and a reply brief to respond and assess the strength of           
          the examiner’s rejections.  Moreover, a Request for Rehearing               
          permits appellant to ask for rehearing of our prior decision.               
          The evidence of unpatentablity of appellant’s claims presented on           
          appeal is based primarily upon the applied prior art and to a               
          much lesser extent the examiner’s arguments.                                
               In view of the forgoing, appellant’s Request for Rehearing             
          is granted the extent that we have in fact reviewed our findings            
          but is denied as to making any change therein.                              


















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