Ex Parte HOYT et al - Page 1




            The opinion in support of the decision being entered today was not        
            written for publication and is not binding precedent of the Board.        
                                                            Paper No. 29              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                     Ex parte MATTHEW B. HOYT, BOBBY J. BAILEY,                       
                                STANLEY A. MCINTOSH,                                  
                         PHILLIP E. WILSON and GARY W. SHORE                          
                                    _____________                                     
                                Appeal No. 2003-0580                                  
                             Application No. 09/139,081                               
                                   ______________                                     
                               HEARD: October 8, 2003                                 
                                   _______________                                    

          Before PAK, OWENS, and LIEBERMAN, Administrative Patent Judges              
          OWENS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This appeal is from a nonfinal rejection of claims 41-52,              
          which are all of the claims pending in the application.1                    
                                    THE INVENTION                                     
               The appellants claim a carpet comprising acid-dyed                     
          sheath/core nylon fibers which are resistant to ozone fading.               


               1 In an appeal in which claims have been at least twice rejected,      
          the board has jurisdiction as discussed in Ex parte Lemoine, 46 USPQ2d      
          1432 (Bd. Pat. App. & Int. 1995).                                           
                                          1                                           





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