No. 04-1244, Serial No. 08/395,638. Decided: March 31, 2005. Before BRYSON, GAJARSA, and PROST, Circuit Judges. BRYSON, Circuit Judge. Setsuo Fujimura, Masato Sagawa, Yukata Matsuura, Hitoshi Yamamoto, and Norio Togawa (collectively, the "appellants") seek review of a decision from the United States Patent and Trademark Office's Board of Patent Appeals and Interferences, Appeal No. 2003-2030. The Board upheld a patent examiner's rejection on the basis of obviousness-type double patenting. We affirm
(a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)
(a) (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by