In re Van Der Lely

Petition for Rehearing

Appellants’ petition for rehearing under Rule 6.1 is granted to the extent or reconsidering our decision dated December 14, 1978. Our earlier decision, in which we affirmed the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) which had affirmed the examiner’s rejection of the appealed claims under 35 U.S.C. § 103, is hereby vacated. The unpublished opinion accompanying our earlier decision is withdrawn. We now reverse the PTO’s rejection of the appealed claims.

Rule 6.1 provides that a petition for rehearing shall be limited to and state points…