Ex Parte DUKE - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 72           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                               Ex parte EDDIE D. DUKE                                 
                                                                                     
                                Appeal No. 2001-0961                                  
                             Application No. 08/108,133                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     

          Before JERRY SMITH, BARRETT and BLANKENSHIP, Administrative                 
          Patent Judges.                                                              
          JERRY SMITH, Administrative Patent Judge.                                   


                                 DECISION ON APPEAL                                   
               This is a decision on the appeal under 35 U.S.C. § 134 from            
          the examiner’s rejection of the following design claim:                     
          The ornamental design for a hollow container for displaying                 
          articles contained therein as shown and described.                          
          The hollow container design is generally in the form of a                   
          transparent cube as best depicted in Figures 1-4.  The container            
          displays a ball as shown in Figures 1 and 2.                                

                                         -1–                                          





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