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not written for publication and is not binding precedent of the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 CRAIG W. BARNETT,
KAREN R. REISNER AND MARK BRAUNSTEIN
_______________
Appeal No. 2005-2686
Application No. 09/879,823
_______________
ON BRIEF
_______________
Before JERRY SMITH, GROSS, and LEVY, Administrative Patent
Judges.
JERRY SMITH, Administrative Patent Judge.
ON REQUEST FOR REHEARING
Appellants request that we reconsider our decision of
February 8, 2006 wherein we sustained the rejection of claims 47-
62 as being based on an inadequate disclosure, and wherein we
sustained the rejection of claims 47-62 as being anticipated by
Von Kohorn under 35 U.S.C. § 102. Appellants also request that,
in the alternative, we designate our decision a new ground of
rejection under 37 CFR § 41.50(b) based on our reliance on
different portions of Von Kohorn than were used by the examiner
in sustaining the examiner’s rejection.
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