Ex parte TANAKA

Board of Patent Appeals and Interferences

Jan 6, 1999

08023138 (B.P.A.I. Jan. 6, 1999)

Application for patent filed February 24, 1993. 1
According to the appellant, this application is a continuation
of Application No. 07/715,780, filed June 14, 1991, now
abandoned.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte HIDEKAZU TANAKA
____________
Appeal No. 95-1638
Application No. 08/023,1381
____________
HEARD: March 5, 1998
____________
Before KRASS, MARTIN, and FLEMING, Administrative Patent
Judges.
FLEMING, Administrative Patent Judge.
-2-
REQUEST FOR RECONSIDERATION
Appellant requests that we reconsider and modify our
decision dated March 17, 1998 to indicate that the rejection
of claim 11 is reversed.
Appellant now presents new arguments that the references
of record, whether considered alone or in combination, fail to
either teach or suggest the invention as claimed by Appellant.
However, these new arguments were not presented in the
Appellant's brief nor has Appellant addressed why these
arguments were not presented earlier in the brief.
37 CFR § 1.192 (a) as amended at 58 Fed. Reg. 53196,
October 10, 1997, which was controlling at the time of
Appellant's filing of the reconsideration, states as follows:
Any arguments or authorities not included in the
brief will be refused consideration by the Board of
Patent Appeals and Interferences, unless good cause
is shown.
Appellant has not shown good cause as to why these
arguments were not presented earlier in the brief. Therefore,
we will refuse to consider these arguments in the request for
reconsideration.
Appeal No. 95-1638
Application No. 08/023,138
-3-
In view of the foregoing, Appellant's request for
reconsideration is denied as to making any change in our
decision.
Appeal No. 95-1638
Application No. 08/023,138
-4-
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
DENIED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOHN C. MARTIN ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MICHAEL R. FLEMING )
Administrative Patent Judge )
Appeal No. 95-1638
Application No. 08/023,138
-5-
MRF/sld
Hill, Steadman & Simpson
A Professional Corporation
85th Floor Sears Tower
Chicago, IL 60606
Shereece
Appeal No. 95-1638
Application No. 08/023,138
APJ FLEMING
APJ MARTIN
APJ KRASS
DENIED
Prepared: September 15, 2000