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today was not written for publication and is not binding
precedent of the Board.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. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte JOHN ANDREWS
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Appeal No. 2004-1649
Application 09/864,770
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ON BRIEF
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Before KIMLIN, WARREN and DELMENDO, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to
allow claims 8 through 10. Claims 1 through 7, 11 and 12 are also of record and have been
withdrawn from consideration by the examiner under 37 CFR § 1.142(b). Claim 8, as it stands of
record,1 is illustrative of the claims on appeal:
8. A method for decorating a geological formation, concrete structure, or other grainy or
textured solid, non-flexible surface with a decal comprising the steps of
a) fabricating a decal having a first layer of water permeable transfer paper overlaid with
said second layer of release coating overlaid with a third layer of inorganic metallic color oxides
suspended in an oil medium so as to form a design and overlaid with a fourth layer comprising a
cover coat;
b) cleaning the surface to be decorated to remove dirt and debris;
1 See the section Other Issues below (p. 6).
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