Ex parte RASMUSSEN - 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          was not written for publication in a law journal and (2) is not             
          binding precedent of the Board.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. 13              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                             Ex parte SCOTT E. RASMUSSEN                              
                                    _____________                                     
                                 Appeal No. 98-0070                                   
                               Application 29/019,9001                                
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before LEE, TORCZON and CARMICHAEL, Administrative Patent Judges.           
          LEE, Administrative Patent Judge.                                           
                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          examiner's final rejection of the claimed storage pen design.               
                        References relied on by the Examiner                          

          Miscoe              3,404,818                     Oct. 08, 1968             
          Allen, Davis & Co. Ltd. (Allen)    GB 693,826     Jul. 08, 1953             
          (British Patent)                                                            
          Unilever            DK 105,325                    Dec. 05, 1966             
          (Danish Patent)                                                             

           Application for design patent filed March 14, 1994.1                                                                      
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