Ex parte PERTHOU - Page 12




          Appeal No. 1998-1946                                                        
          Application No. 08/629,991                                                  

          applying such indicia to arms made of translucent plastic so                
          as to produce an optically perceived pattern upon spinning the              
          arms during flight of the toy.                                              
               The examiner’s decision rejecting the appealed claims is               
          affirmed with respect to claims 13, 16 and 17, but is reversed              
          with respect to claims 15 and 18.                                           
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    



          Harrison E. McCandlish, Senior  )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Jeffrey V. Nase                 ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               John F. Gonzales                   )                                   
                         Administrative Patent Judge     )                            

          tdl                                                                         
          FISH & RICHARDSON                                                           
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