12426034 (P.T.A.B. Jun. 21, 2016)

Ex Parte Bhagat

Patent Trial and Appeal BoardJun 21, 2016

12426034 (P.T.A.B. Jun. 21, 2016)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/426,034 04/17/2009 Urvashi Bhagat 3947 111481 7590 06/21/2016 Asha Nutrition Sciences, Inc. P.O. Box 1000 Palo Alto, CA 94302 EXAMINER HEYER, DENNIS ART UNIT PAPER NUMBER 1628 MAIL DATE DELIVERY MODE 06/21/2016 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE PATENT TRIAL AND APPEAL BOARD __________ Ex parte URVASHI BHAGAT __________ Appeal 2016-004154 Application 12/426,034 Technology Center 1600 __________ Before RICHARD M. LEBOVITZ, JEFFREY N. FREDMAN, and JOHN G. NEW, Administrative Patent Judges. FREDMAN, Administrative Patent Judge. DECISION ON REQUEST FOR REHEARING1 Appellant requests rehearing of the decision entered April 15, 2016 (“Decision”) affirming the rejection claims under 35 U.S.C. § 101 and 35 U.S.C. § 102(b). We deny the requested relief. ANALYSIS An Appellant dissatisfied with the outcome of a Board decision is entitled to appeal the decision, see 35 U.S.C. §§ 141 and 145, but is not entitled to have the same issue decided multiple times on the same record. We have carefully reviewed the original opinion in light of Appellant’s detailed request, but we find no fact or point of law which we overlooked or misapprehended in arriving at our decision. Therefore, 1 Appellant identifies the Real Party in Interest as Asha Nutrition Sciences, Inc. (see App. Br. 3). Appeal 2016-004154 Application 12/426,034 2 Appellant’s request is denied with respect to making any modifications to the decision affirming the Examiner’s rejections. TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). REHEARING DENIED