Ex Parte Wu 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                     publication and is not binding precedent of the Board.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 HUI-JUNG WU and JAMES S. DRAGE                       
                                     ____________                                     
                                 Appeal No. 2005-2522                                 
                              Application No. 09/841,453                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     

          Before PAK, KRATZ and MOORE, Administrative Patent Judges.                  
          KRATZ, Administrative Patent Judge.                                         

                               ON REQUEST FOR REHEARING                               
               This is in response to appellants’ request for rehearing of            
          our May 31, 2006 decision, which request was filed on June 28,              
          2006.  In that decision, we affirmed the examiner’s decision to             
          reject claims 2-16, 18-21 and 31-34 under 35 U.S.C. § 103(a) as             
          being unpatentable over Jin in view of Grainger and Kotelnikov;             
          to reject claims 22-29 under 35 U.S.C. § 103(a) as being                    
          unpatentable over Jin in view of Grainger and Kotelnikov; to                
          reject claim 17 under 35 U.S.C. § 103(a) as being unpatentable              
          over Jin in view of Grainger, Kotelnikov and Burns; and to reject           
          claims 2-29 and 31-34 under the judicially created doctrine of              





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