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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 15 UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ________________ Ex parte H. JAY SPIEGEL ________________ Appeal No. 97-1566 Application 29/033,9241 ________________ ON BRIEF ________________ KRASS, STAAB and WALTZ, Administrative Patent Judges. STAAB, Administrative Patent Judge. DECISION ON APPEAL Jay Spiegel (appellant) appeals from the final rejection of the claim in this design application to: The ornamental design for a KICKING TEE as shown and described. The examiner relies on the following references as evidence of obviousness: 1Application for patent filed January 24, 1995. -1-Page: 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007