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for publication and is not binding precedent of the Board.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 WILLIAM J. SCHMIDT
____________
Appeal 2005-2193
Application 09/385,405
Technology Center 1700
____________
Decided: December 18, 2006
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Before EDWARD C. KIMLIN, CHARLES F. WARREN, and
CATHERINE Q. TIMM, Administrative Patent Judges.
TIMM, Administrative Patent Judge.
DECISION ON REQUEST FOR REHEARING
On August 30, 2006, Appellant filed a Request for Rehearing of the
Decision of July 13, 2006. In that Decision, the panel sustained the
rejections under 35 U.S.C. § 102(b) and under 35 U.S.C. § 103(a) based, in
major part, upon Schmidt, Appellant’s prior patent. Appellant states that the
following points were misapprehended or overlooked in the Decision:
1. The Schmidt reference treats the same or substantially the same
starting materials as Appellant (Decision 4).
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