Ex parte ZEHNDER - Page 2




          Appeal No. 2000-0204                                                        
          Application No. 08/512,068                                                  


          indicated by the examiner to be allowable (See Paper No. 24,                
          mailed May 3, 1999), hence the appeal as to these claims is                 
          dismissed.  Claim 6, the only other claim remaining in this                 
          application, has been withdrawn from further consideration                  
          under 37 CFR § 1.142(b) as being directed to a non-elected                  
          invention. Claims 1 through 5 have been canceled and newly                  
          presented claims 7 through 10 were refused entry by the                     
          examiner (See Paper No. 13, mailed December 19, 1996).                      


          Appellant's invention as defined in claim 13 on appeal                      
          relates to a wick holding grate, for example, like that seen                
          in Figure 3 of the application drawings.  Claim 13 reads as                 
          follows:                                                                    
          13. A wick holding grate comprising:                                        
               A base member with apertures which permit each candle                  
          wick to be passed therethrough and notches on the apertures in              
          the base member which hold the candle wicks in place during                 
          the entire wax cooling process of the manufacture of the                    
          candle whereby the wick holding grate can be shipped along                  
          with the candles as part of the shipping container.                         


          The sole prior art reference of record relied upon by the                   
          examiner is:                                                                

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