Ex Parte Apfel - 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                            for publication and is not binding precedent of the Board.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 ORLANDO H. AUCIELLO                                                         
                                                         __________                                                               
                                                    Appeal No. 2006-1583                                                          
                                                 Application No. 10/351,826                                                       
                                                         ___________                                                              
                                                          ON BRIEF                                                                
                                                         ___________                                                              

               Before THOMAS, HAIRSTON and HOMERE, Administrative Patent Judges.                                                  
               HOMERE, Administrative Patent Judge.                                                                               



                                                   DECISION ON APPEAL                                                             


                      This is a decision on Appellant’s Request for Rehearing.                                                    

               REQUEST FOR REHEARING DENIED.                                                                                      

                      In paper filed June 23, 2006, Appellant requests that we reconsider our decision                            
               dated May 31, 2006, wherein we sustained the Examiner’s rejection of claim 1 under 35                              
               U.S.C. § 112, 1st paragraph.                                                                                       





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