Ex Parte Cote - 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               written for publication and is not binding precedent of the Board.      


                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                     ____________                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                     ____________                                      
                                Ex parte GARY P. COTE                                  
                                     ____________                                      
                                 Appeal No. 2005-2398                                  
                             Application No. 09/899,0291                               
                                    ______________                                     
                                      ON BRIEF                                         
                                   _______________                                     
          Before KIMLIN, PAK, and KRATZ, Administrative Patent Judges.                 
          PAK, Administrative Patent Judge.                                            
                                  DECISION ON APPEAL                                   
               This is a decision on an appeal from the examiner’s refusal             
          to allow claims 3 through 15, 25, 26, 28, 31 through 36 and 39               
          through 47.2  Claims 17, 18, 37 and 38 were objected to as being             
          dependent on a rejected base claim, but were indicated to be                 
          allowable if rewritten in independent form, including all the                

               1Application for patent filed July 6, 2001, entitled, Wheelbarrow braking system.
               2 The appellant inadvertently states at page 1 of the Brief that claim 16 was finally
          rejected.  The record indicates that claim 16 was withdrawn from consideration by the examiner.
          See the final Office action dated November 5, 2002.                          
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