Ex Parte SCHOMMER - 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               written for publication and is not binding precedent of the Board.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. 28           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                     ____________                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                     ____________                                      
                              Ex parte JOHN E. SCHOMMER                                
                                     ____________                                      
                                 Appeal No. 2003-0780                                  
                              Application No. 08/642,962                               
                                     ____________                                      
                                       ON BRIEF                                        
                                     ____________                                      
          Before STONER, Chief Administrative Patent Judge, FRANKFORT and              
          NASE, Administrative Patent Judges.                                          
          FRANKFORT, Administrative Patent Judge.                                      


                                  DECISION ON APPEAL                                   


          This is a decision on appeal from the examiner's final                       
          rejection of claims 1 through 11, which are all of the claims                
          pending in this application.                                                 

               Appellant's invention is directed to a method of checking               
          for water leakage in a fixture, such as a flush toilet, and                  
          generally involves the steps of 1) applying or squirting a swath             
          of dye having a color visually distinct from the color of the                
          fixture surface onto the fixture surface just below the flush                







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