Ex parte HARDY - Page 6




          Appeal No. 97-2900                                                          
          Application No. 29/039,134                                                  


          rejection of the design claim on appeal under 35 U.S.C. § 102(a),           
          (b) and (e) as being anticipated by Grodberg.                               


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject the               
          design claim under 35 U.S.C. § 102(a), (b) and (e) is reversed.             


               No period for taking any subsequent action in connection               
          with this appeal may be extended under 37 CFR § 1.136(a).                   
                                   REVERSED                                           



                         NEAL E. ABRAMS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         WILLIAM F. PATE, III          )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )                              





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