Ex Parte Hepburn - 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                     publication and is not binding precedent of the Board.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. 25         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                      ____________                                     
                           BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                   
                                      ____________                                     
                                 Ex parte GRANT HEPBURN                                
                                        _______                                        
                                  Appeal No. 2004-1701                                 
                               Application No. 09/697,647                              
                                      ____________                                     
                                        ON BRIEF                                       
                                      ____________                                     
          Before PAK, WALTZ and KRATZ, Administrative Patent Judges.                   
          KRATZ, Administrative Patent Judge.                                          

                                   DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                  
          rejection of claims 19-22, 24 and 25, which are all of the claims            
          pending in this application.                                                 
                                      BACKGROUND                                       
               Appellant's invention relates to a fuel tank protector for a            
          motorcycle.  An understanding of the invention can be derived                
          from a reading of exemplary claim 19, which is reproduced below.             
                    19. A motorcycle fuel tank protector comprising a                  
               pair of resilient cover members each of which is shaped                 
               to substantially conform to and bound a respective side                 
               frontal portion of the fuel tank that is prone to stone                 
               chip damage,                                                            
                    each cover member being removably attached to and                  
               spaced from said corresponding side frontal portion in                  




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