Ex parte DAVIS et al. - 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                         journal and (2) is not binding precedent of the Board.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 STEPHEN J. DAVIS and ANDRE TERZAGHI                                                                
                                                        Appeal No. 96-3643                                                                    
                                                    Application 29/008,0221                                                                   
                                                     HEARD: August 5, 1997                                                                    
                Before MEISTER, SMITH, and THIERSTEIN, Administrative Patent                                                                  
                MEISTER, Administrative Patent Judge.                                                                                         

                                                        DECISION ON APPEAL                                                                    
                         This is a decision on appeal from the following design                                                               
                                 The ornamental design for a tennis racquet as                                                                
                         shown and described.2                                                                                                

                         1Application for patent filed May 6, 1993.  According to                                                             
                the appellants, the application is a division of 07/988,579,                                                                  
                filed December 10, 1992.                                                                                                      
                         2The claimed design encompasses three separate embodiments                                                           
                as depicted in Figs. 1-3.  In the first Office action (Paper No.                                                              
                4) the examiner held that these figures were multiple embodiments                                                             

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