Ex parte WOLFF - 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          (2) is not binding precedent of the Board.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. 32           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                               Ex parte DAVID A. WOLFF                                
                                   _______________                                    
                                 Appeal No. 96-3648                                   
                               Application  07/685,5631                               
                                   _______________                                    
                                 HEARD: APR. 7, 1998                                  
                                   _______________                                    
          Before KRASS, STAAB, Administrative Patent Judges, and MCKELVEY,            
          Senior Administrative Patent Judge                                          
          KRASS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   

               This design application is on appeal from the final                    
          rejection of the only claim pending.                                        
               The subject matter of the invention is the design for a golf           
          ball marker which has a generally crescent shape.                           
               A prior decision was rendered (Paper No. 15-October 31,                
          1994) wherein a rejection of the claimed subject matter under               

                                                                                     
          1    Application for patent filed April 12, 1991.  According to             
          appellant, this application is a continuation of Application No.            
          07/541,336, filed June 21, 1990, now abandoned.                             





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