Ex Parte Witthoft - 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                              for publication and is not binding precedent of the Board.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 MICHAEL WITTHOFT                                                 
                                                 __________                                                     
                                              Appeal 2007-0737                                                  
                                           Application 10/290,606                                               
                                           Technology Center 1700                                               
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                Before GRIMES, LINCK, and LEBOVITZ, Administrative Patent Judges.                               
                LEBOVITZ, Administrative Patent Judge.                                                          
                                          DECISION ON APPEAL                                                    
                       Claims 1-5, 7, 9, and 10 are on appeal.  We have jurisdiction under                      
                35 U.S.C.  6(b).  We affirm.                                                                   
                                        STATEMENT OF THE CASE                                                   
                       This appeal involves claims to an ice cream scoop having a                               
                deformable exterior portion for manually ejecting ice cream from the ice                        
                cream-filled scoop.  Claims 1-5, 7, 9, and 10-12 are pending (Answer 2).                        
                Claims 11 and 12 are withdrawn from consideration (id.)                                         







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