Ex parte JEFFERY MOORE - Page 1




                                  THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                

                         The opinion in support of the decision being entered                                                                 
                         today (1) was not written for publication in a law                                                                   
                         journal and (2) is not binding precedent of the Board.                                                               
                                                                                                         Paper No. 18                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                                    Ex parte JEFFERY MOORE                                                                    
                                                             ____________                                                                     
                                                        Appeal No. 96-2852                                                                    
                                                    Application 08/055,5731                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before CALVERT, STAAB, and McQUADE, Administrative Patent Judges.                                                             
                McQUADE, Administrative Patent Judge.                                                                                         


                                                        DECISION ON APPEAL                                                                    
                                 This appeal is from the final rejection of claims 1 and                                                      
                2, all of the claims pending in the application.                                                                              
                         The invention relates “generally to marking devices used in                                                          
                construction for marking a straight line, and more particularly                                                               
                to a chalk box containing a line covered with powdered chalk”                                                                 
                (specification, page 1).  Claim 1 is illustrative and reads as                                                                
                follows:                                                                                                                      


                         1Application for patent filed May 3, 1993.                                                                           





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