Ex Parte Meckler

Board of Patent Appeals and Interferences

Mar 27, 2009

10794872 (B.P.A.I. Mar. 27, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ANDREU P. MECKLER
____________

Appeal 2008-004106
Application 10/794,872
Technology Center 3600
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Before WILLIAM F. PATE, III, JOHN C. KERINS, and
MICHAEL W. O’NEILL, Administrative Patent Judges.

O’NEILL, Administrative Patent Judge.

DECISION ON RECONSIDERATION
Since the Examiner denied entry of the amendment filed May 29,
2009, which elected to reopen prosecution before the Examiner, the
amendment is considered as a request for rehearing before the Board.
Rehearing is limited to matters overlooked or misapprehended by the Board
in rendering the initial decision.
Appellant’s comments and request for consideration fail to state with
particularity the points of fact or law believed to have been misapprehended
Appeal 2008-004106
Application 10/794,872

2
or overlooked by the Board in rendering the original Decision, decided on
Mar. 30. 2009. Appellant’s arguments not raised in the briefs before the
Board are not permitted except for those specifically provided for in
paragraphs (a)(2) and (a)(3) of 37 C.F.R. § 41.52. None of the comments or
the request for consideration are based upon a recent relevant decision of
either the Board or the Federal Circuit or respond to the new ground of
rejection made in the initial decision pursuant to 37 C.F.R. § 41.50(b).

DECISION
The request for reconsideration is denied with respect to making any
modification to the original Decision.
This is a final Agency decision for purposes of appeal or civil action.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2007).

DENIED

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