The opinion in support of the decision being entered today
is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
Ex parte JAMES HAROLD DAVIS, NEZAM MALAKOUTI,
and TERRILL ALAN YOUNG
________________
Appeal 2006-0828
Application 10/252,175
Technology Center 1700
________________
Decided: September 21, 2007
________________
Before EDWARD C. KIMLIN, BRADLEY R. GARRIS,
and CHUNG K. PAK, Administrative Patent Judges.
KIMLIN, Administrative Patent Judge.
DECISION ON REQUEST FOR REHEARING
Appellants request rehearing of our Decision of March 9, 2006,
wherein we affirmed the Examiner’s rejection of claims 1, 4-6, 8-12, 14-16,
18-21, 23, 24, 26-31, and 33-39 under 35 U.S.C. § 103(a) as being
unpatentable over Allen in view of Kobylivker.
Appellants assert that we misapprehended and overlooked the
limitation of claim 1 which recites that “the second molten stream comprises
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