Ex parte WHITSON - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 23                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                      Ex parte ROBERT L. WHITSON                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1999-2009                                                                         
                                                      Application No. 29/052,870                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF1                                                                         
                                                                   ____________                                                                         
                 Before McCANDLISH, Senior Administrative Patent Judge, NASE and                                                                        
                 GONZALES, Administrative Patent Judges.                                                                                                

                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of the single design claim pending in this design                                                                            
                 application.                                                                                                                           

                          1We note that the appellant has requested an oral hearing                                                                     
                 (Paper No. 14, filed April 12, 1998), but under the                                                                                    
                 circumstances a hearing is not considered necessary.  See 37                                                                           
                 CFR § 1.194(c), last sentence.                                                                                                         





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