Ex Parte KOIDE et al - Page 9

               Appeal 2006-2438                                                                           
               Application 09/259,306                                                                     

               oral hearing complying with this rule, if the Board decides that a hearing is              
               not necessary, the Board will so notify appellant.”  Given that an oral                    
               hearing was held on May 04, 2005 prior to our Remand dated May 20, 2005                    
               and in light of the above-noted provisions of  37 C.F.R. § 41.47, we deny                  
               Appellants request for a second oral hearing in this case.                                 
                                             CONCLUSION                                                   
                  The decision of the Examiner to reject claims 4-6, 14-16, and 19 under                  
               35 U.S.C. § 102(b) as being anticipated by Van Lintel is reversed. The                     
               Request for a second Oral Hearing is denied.                                               

                                         REVERSED/ DENIED                                                 









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