Ex Parte Polonsky 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                                 for publication and is not binding precedent of the Board.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 KENNETH S. POLONSKY, YUKIO HORIKAWA, NAOHISA ODA,                                     
                     NANCY J. COX, KENICHI OTANI, CRAIG L. HANIS, GRAEME I. BELL,                                  
                               SEAMUS KEVIN SREENAN, and YUN-PING ZHOU                                             
                                                   __________                                                      
                                             Appeal No.  2005-0258                                                 
                                           Application No.  09/768,877                                             
                                                   __________                                                      
                                                    ON BRIEF                                                       
                                                   __________                                                      
                Before ELLIS, ADAMS, and GREEN Administrative Patent Judges.                                       
                ADAMS, Administrative Patent Judge.                                                                


                                           REQUEST FOR REHEARING1                                                  
                       Appellants request reconsideration (rehearing) of the Board’s Decision                      
                entered July 29, 2005, wherein the examiner’s rejection of claims 18-21, 49-51,                    
                53-64, 115 and 116 under the written description provision of 35 U.S.C. § 112                      
                was affirmed.                                                                                      
                                                  DISCUSSION                                                       
                       Appellants’ premise their request upon their disagreement with the                          
                manner in which the Board grouped claims 18-21, 49-51, 53-64, 115 and 116 in                       
                                                                                                                   
                1 All reference to Request, refers to appellants’ Request for Rehearing received by the Board of   
                Patent Appeals and Interferences on October 4, 2005.  We note appellants’ Certificate of Mailing   
                under 37 CFR § 1.8, dated September 29, 2005.  Accordingly, appellants’ Request is timely filed.   






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