UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte MICHAEL J. MAY
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Appeal 2006-1776
Application 10/075,976
Technology Center 3700
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Decided: April 30, 2007
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Before MICHAEL R. FLEMING, Chief Administrative Patent Judge,
GARY V. HARKCOM, Vice Chief Administrative Patent Judge, and
MURRIEL E. CRAWFORD, STUART S. LEVY, and ANTON W. FETTING,
Administrative Patent Judges.
FETTING, Administrative Patent Judge.
DECISION ON REQUEST FOR REHEARING
This is a decision on Appellant’s Request for Reconsideration filed
September 14, 2006. We treat the Request for Reconsideration as a request for
rehearing under 37 C.F.R. § 41.52 (2006). The appeal was initially decided by a
3-judge panel consisting of Judges Crawford, Levy and Fetting. The panel entered
a new rejection of independent claims 1 and 8 as being unpatentable under
35 U.S.C. § 103(a) over Lively in view of Acker. See 37 C.F.R. § 41.50(b) (2006).
The request seeks rehearing of the original panel’s decision entering the new
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