Ex Parte Burger - 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          not written for publication and is not binding precedent of the             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. 21           

                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte GEORGE W. BURGER                               
                                     __________                                       
                                Appeal No. 2004-1228                                  
                             Application No. 09/813,088                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before GARRIS, WALTZ, and DELMENDO, Administrative Patent Judges.           
          DELMENDO, Administrative Patent Judge.                                      


                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134 (2003)           
          from the examiner’s final rejection of claims 1 through 7, 18               
          through 32, and 40 through 46 (final Office action mailed Aug. 9,           
          2002, paper 13) in the above-identified application.  Claims 10             
          through 17 and 33 through 39, the only other pending claims,                
          stand withdrawn from further consideration pursuant to 37 CFR §             
          1.142(b)(2003)(effective Dec. 22, 1959).                                    
               The subject matter on appeal relates to a shaft for a hockey           
          stick (claims 23 through 32) and to a hockey stick (claims 1                
          through 7, 18 through 22, and 40 through 46).  Further details of           
          this appealed subject matter are recited in representative claims           






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