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is not binding precedent of the Board.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 JORG SCHABERNACK and MONIKA BANZHAF
_____________
Appeal No. 2005-2583
Application No. 09/328,893
______________
On Brief
_______________
Before BARRY, LEVY, and NAPPI, Administrative Patent Judges.
NAPPI, Administrative Patent Judge.
ON REQUEST FOR REHEARING
Appellants have filed a paper under 37 CFR § 41.52(a)(1) requesting that we
reconsider our decision of November 22, 2005, wherein we entered a new grounds of
rejection against claim 1 under 35 U.S.C. § 103 as being unpatentable over Bosse in view
of Bennett
Initially, we note that this request is filed pursuant to 37 CFR § 41.52(a)(1) which
provides:
Appellant may file a single request for rehearing within two months of the date of
the original decision of the Board. No request for rehearing from a decision on
rehearing will be permitted, unless the rehearing decision so modified the original
decision as to become, in effect, a new decision, and the Board states that a
second request for rehearing would be permitted. The request for rehearing must
state with particularity the points believed to have been misapprehended or
overlooked by the Board. Arguments not raised in the briefs before the Board and
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