Ex parte FAIN - 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          publication in a law journal and (2) is not binding precedent of the Board.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 GERALD S. FAIN                                
                                     __________                                       
                                Appeal No. 1999-2556                                  
                               Application 08/774,848                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      

          Before ABRAMS, MCQUADE, and JENNIFER D. BAHR, Administrative                
          Patent Judges.                                                              
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Gerald S. Fain appeals from the final rejection of claims              
          1, 3, 5 through 10, 17 through 19, 25 and 41 through 45, all                
          of the claims pending in the application.                                   


                                    THE INVENTION                                     
               The invention relates to “a pest control device capable                
          of repelling or attracting animals and insects to a garden”                 


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