Ex parte H. JAY SPIEGEL - 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                              journal and (2) is not binding precedent of the Board.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. 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-                                                                                      





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