Ex Parte JONES, JR. - 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          not written for publication and is not binding precedent of the             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. 9                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                            Ex parte LESLIE O. JONES, JR.                             
                                     __________                                       
                                Appeal No. 2001-2217                                  
                               Application 09/358,532                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before COHEN, FRANKFORT, and MCQUADE, Administrative Patent                 
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Leslie O. Jones, Jr. appeals from the final rejection of               
          claims 1 through 8, all of the claims pending in the application.           
                                   THE INVENTION                                      
               The invention relates to a slipper having interchangeable              
          inserts, each of which provides a distinctive “massage effect.”             
          Representative claim 1 reads as follows:                                    
               1.  A slipper comprising:                                              
               a body portion adapted to be worn on the feet of a user,               
               said body portion having a top and a bottom,                           
               aperture means for receiving a selected insert adjacent said           
          bottom,                                                                     

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