Ex parte KOVACH - Page 1




                    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          (2) is not binding precedent of the Board.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. 9           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                            Ex parte ROBERT L. KOVACH and                             
                                  ROBERT A. KOVACH                                    
                                   _______________                                    
                                 Appeal No. 98-0064                                   
                               Application  29/043,7471                               
                                   _______________                                    
                                      ON BRIEF                                        
                                   _______________                                    
          Before THOMAS, HAIRSTON, and KRASS, Administrative Patent Judges.           
          KRASS, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the final rejection of               
          the single design claim pending:                                            
               The ornamental design for a SPOILER WITH LEGS as shown and             
          described.                                                                  
               The examiner relies on the following reference:                        
          J.C. Whitney & Co. (Whitney), Catalog No. 540J, p. 74, 81992,               
          Curved Wing Spoiler - Item C, Reference Nos. 86-5755A and                   
          20-0544T.                                                                   



                                                                                     
          1   Application for patent filed September 11, 1995.                        





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