Ex Parte RUFFA - Page 1



              The opinion in support of the decision being entered today was          
              not written for publication and is not precedent of the Board.          
                                                             Paper No. 18             
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                                Ex parte ANTHONY A. RUFFA                             
                                    ____________                                      
                                Appeal No. 2002-0175                                  
                              Application No. 09/090,225                              
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before PAK, LIEBERMAN, and PAWLIKOWSKI, Administrative Patent               
          Judges.                                                                     
          PAWLIKOWSKI, Administrative Patent Judge.                                   

                                  DECISION ON APPEAL                                  
               This is an appeal from the examiner’s final rejection of               
          claims 9, 14, 15, 16, 19 and 21.  Claims 1-8, 11-13, 17, and 18             
          have been withdrawn from consideration.  Appellant states that              
          claim 20 has been restricted.1  Claim 10 has been cancelled.                
               The subject matter on appeal is represented by claims 9 and            
          21, set forth below:                                                        
                    9.  A high-speed, puncture proof tire comprising:                 
                    a tire casing having a tread portion and a pair of                
               side wall portions, the tread and side wall portions                   
               defining an annular space therewithin; and                             
                                                                                      
          1 On pages 3-4 of the brief, appellant objects to the restriction of claim 20.
          However, because this is petitionable subject matter under 37 CFR § 1.181 (as stated
          by the examiner on page 3 of the answer), and not appealable matter, we do not review
          this issue. We also note that claim 20 is indicated as being cancelled in the
          amendment filed on November 28, 2000.                                       




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