Ex Parte Capoccia - 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          not written for publication and is not binding precedent of the             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. 16                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte JOHN C. CAPOCCIA                               
                                     __________                                       
                                Appeal No. 2004-1142                                  
                             Application No. 09/892,001                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before PAK, WALTZ, and JEFFREY T. SMITH, Administrative Patent              
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         

          DECISION ON APPEAL                                                          
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 11 through 20, which are the only                 
          claims remaining in this application.1  We have jurisdiction                
          pursuant to 35 U.S.C. § 134.                                                
               According to appellant, the invention is directed to a                 
          method for creating two-color faux paint finishes on surfaces by            
          using a pair of paint applicator heads carried by a single core             


               1Claims 1-10 were cancelled in appellant’s amendment                   
          subsequent to the final rejection (see the amendment dated Jan.             
          7, 2003, Paper No. 9, entered as per the Advisory Action dated              
          Jan. 21, 2003, Paper No. 10; Brief, page 5).                                




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