Ex Parte Hicks - 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          not written for publication and is not binding precedent of the             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. 11                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte MICHAEL J. HICKS                               
                                     __________                                       
                                Appeal No. 2002-1900                                  
                               Application 09/728,901                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before ABRAMS, MCQUADE, and NASE, Administrative Patent Judges.             
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Michael J. Hicks appeals from the final rejection of claims            
          1 through 7, all of the claims pending in the application.                  
                                   THE INVENTION                                      
               The invention relates to a hand-held amusement device which            
          is defined in representative claim 1 as follows:                            
               1. A hand-held amusement device comprising;                            
               an aerial projectile and                                               
               a U-shaped conduit having a uniform circular cross-section             
          throughout its length and having opposite open ends so that one             
          open end can discharge the aerial projectile therefrom while the            
          other open end can receive the aerial projectile therein whereby            
          proper manipulation of the curved conduit by a player in a                  
          clockwise/counterclockwise movement will keep the aerial                    
          projectile in a continuous play mode.                                       
                                          1                                           



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