Ex Parte Morrison 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                                for publication and is not binding precedent of the Board.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 RUDOLF GIETZEN                                              
                                               ____________                                                   
                                            Appeal No. 2006-1407                                              
                                          Application No. 09/661,833                                          
                                               ____________                                                   
                                                 ON BRIEF                                                     
                                               ____________                                                   
            Before HAIRSTON, BLANKENSHIP, and BARRY, Administrative Patent Judges.                            
            HAIRSTON, Administrative Patent Judge.                                                            


                                        REQUEST FOR REHEARING                                                 
                   Appellant has requested a rehearing of our decision1 dated May 9, 2006, wherein            
            we affirmed the obviousness rejection of claims 3 through 8, 11 and 12, and                       
            recommended to the examiner that claims 1, 9 and 10 be rejected based upon the                    
            teachings of Kihlken.                                                                             
                   Appellant argues (rehearing, page 2) that “Kihlken does not teach that the                 
            terminal-receiving second sections 32 are at the end of a supply of cable 26, and thus            
            does not teach applying the markings or indicia 36 ‘in the region of at least one end of          
            the length of flat cable’ as required by Claim 11.”  We disagree with appellant’s                 
            argument.  Each of the markings 36 is at an end or “termination” point where the                  
                                                                                                             
            1                                                                                                 
            1 On page 5 of the decision, the phrase “modified at station 38” should be changed to “modified at station
            44.”                                                                                              



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