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for publication and is not binding precedent of the Board.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 H. JAY SPIEGEL
__________
Appeal 2006-2155
Application 10/747,179
Technology Center 3700
___________
Decided: May 29, 2007
___________
Before TERRY J. OWENS, STUART S. LEVY, and ANTON W.
FETTING, Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON REQUEST FOR REHEARING
The Appellant requests reconsideration of the affirmance of the
rejection of claims 1-3, 8, 10, 11 and 14-20 under 35 U.S.C. § 102(b) over
US 5,613,678 to McKee et al. in our March 26, 2007 decision (Request 1).
The Appellant argues that McKee’s disclosure that the tee functions as
a conventional football tee (col. 11, ll. 5-6) indicates that there is no
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