Ex parte EVANS et al. - Page 1




                     The opinion in support of the decision being entered today was not written for             
                                publication and is not binding precedent of the Board                           
                                                                                 Paper No. 23                 
                             UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                                 ____________                                                   
                                  BEFORE THE BOARD OF PATENT APPEALS                                            
                                            AND INTERFERENCES                                                   
                                                _____________                                                   
                                Ex parte PETER R. EVANS and WILLIAM TENER                                       
                                                _____________                                                   
                                             Appeal No. 2000-1271                                               
                                           Application No. 08/861,095                                           
                                                _____________                                                   
                                            HEARD:  March 7, 2001                                               
                                                _____________                                                   
                Before MCCANDLISH, Senior Administrative Patent Judge, FRANKFORT and                            
                LAZARUS, Administrative Patent Judges.                                                          
                                                                                                               
                MCCANDLISH, Senior Administrative Patent Judge.                                                 

                                            DECISION ON APPEAL                                                  
                       This is a decision on an appeal from the examiner’s final rejection of claims 1          
                through 3, 5, 7 through 12 and 17 through 19.  No other claims are pending in the               
                application.                                                                                    
                       Appellants’ invention relates to a golf tee (claims 1-3, 5, 7, 8 and 17-19) and to a     
                method of making a golf tee (claims 9-12).  The golf tee defined in the appealed claims         
                comprise a body (24) which is formed from a mixture of an earthen material and a                
                biodegradable binder.  According to appellants’ invention, the body (24) is covered with        









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