Ex Parte HURWITZ - 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                                     publication and is not binding precedent of the Board.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. 28                       
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                   _____________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                                   _____________                                                       
                                            Ex parte ROBERT HURWITZ                                                    
                                                   _____________                                                       
                                               Appeal No. 2001-1482                                                    
                                               Application 08/879,392                                                  
                                                  ______________                                                       
                                               ON BRIEF                                                                
                                                 _______________                                                       
              Before COHEN, FRANKFORT, and McQUADE, Administrative Patent Judges.                                      
              FRANKFORT, Administrative Patent Judge.                                                                  
                                              DECISION ON APPEAL                                                       
                     This is a decision on appeal from the examiner's final rejection of claims 2                      
              through 11, 13 through 15 and 18 through 22, which are all of the claims remaining in                    
              this application. Claims 1, 12, 16 and 17 have been canceled. On page 1 of the                           
              supplemental appeal brief (Paper No. 20) appellant has expressly withdrawn the appeal                    
              as to claim 11. Accordingly, the appeal as to claim 11 is dismissed and thus only claims                 
              2 through 10, 13 through 15 and 18 through 22 remain for our consideration on appeal.                    


                     Appellant's invention relates to a jewelry assembly in which the appearance of an                 

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